Illegal Search and Seizure

  • Posts 275

Perplexed created the topic: Illegal Search and Seizure

Today, there are many differing opinions on what actually constitutes illegal search and seizure. For example, if a motorist is stopped for excessive speed, and the officer notices an open medicine bottle on the rear passenger side floor, no matter what medical condition it's for, does he or she have the right to question and/or investigate this circumstance any further? Some pundits say, "Yes, others, "No". Your thoughts, please.

#1
  • Posts 100

Chara replied the topic: Illegal Search and Seizure

It is my understanding that officials must have a warrant for that sort of thing. When it come to vehicles, the same thing applies. Unless the officer observes a violation of the law that you can be arrested for he has no right to search your vehicle.

#2
  • Posts 276

Snowy replied the topic: Illegal Search and Seizure

Chara wrote: It is my understanding that officials must have a warrant for that sort of thing. When it come to vehicles, the same thing applies. Unless the officer observes a violation of the law that you can be arrested for he has no right to search your vehicle.


Wouldn't seeing a pill bottle on the floor fall under probable cause? I thought there was a grey area that allowed them to make a judgment call in situations like this. As for whether it's right or wrong, I think they have probably caught many drugs dealers and other criminals this way, so that's a good thing. However, if they take advantage of the situation to harass innocent people, that's a different story.

#3
  • Posts 62

EmmyG replied the topic: Illegal Search and Seizure

A pill bottle is a probable cause, you are correct. They do not need a warrant as long as it is something observed in open sight. Probably cause can also be the smell of alcohol or marijuana.

#4
  • Posts 62

EmmyG replied the topic: Illegal Search and Seizure

A pill bottle is a probable cause, you are correct. They do not need a warrant as long as it is something observed in open sight. Probable cause can also be the smell of alcohol or marijuana.

#5