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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19777
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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what would be required of police to do the following: Search

Resolved Question:

what would be required of police to do the following:

Search a home suspected of containing marijuana;
Search an auto after a traffic stop ;
Search a glove compartment of an auto after a traffic stop ;
Pat down a person stopped on the street;
Search a person stopped on the street ;
This is all in the same question
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 4 years ago.
Hello,

Search a home suspected of containing marijuana; (a search warrant issued by the court based on probable cause to believe the home contained marijuana)
Search an auto after a traffic stop ; (probable cause for the traffic stop itself)
Search a glove compartment of an auto after a traffic stop ; (same answer)
Pat down a person stopped on the street; (probable cause to believe the person had committed a crime)
Search a person stopped on the street ; (same answer)
Customer: replied 4 years ago.
where could I find evidence of this if I needed to cite the information?
Expert:  Marsha411JD replied 4 years ago.
This is Constitutional law. It is not a statute. This is the 4th Amendment (right to be free from unreasonable search and seizure) and all of the cases that have been decided based on the 4th Amendment. You can start your research at: http://www.law.cornell.edu/anncon/html/amdt4frag5_user.html
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