Hello and thanks so much for choosing this forum to pose your important legal question.
Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when a police officer stopped a suspect on the street and searched him without probable cause to arrest.
The Court held that police may briefly detain a person if they have a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Because of the important interest in protecting the safety of police officers, police may perform a quick surface search of the person's outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on "specific and articulable facts" and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a "stop and frisk", or simply a "Terry stop".
Importantly for your son's case, the Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops. Terry set the precedent for Michigan v. Long, 463 U.S. 1032 (1983). In an opinion citing Terry written by Justice O'Connor, the Supreme Court ruled that car compartments could be constitutionally searched if an officer had reasonable suspicion.
What this will boil down to is the issue of whether the officer(s) had "reasonable suspicion" to make the stop. The vehicle belongs to your son, and the law looks to him to exercise control over it -- including the contents of it. It will be very important to see the reason articulated for the stop of the vehicle in the first place. Reasonable suspicion is not nearly as high a standard as probable cause, so even something seemingly minor like a tail light malfunction can give reason for the stop. The best advice I can give you is to speak with a licensed local attorney experienced in criminal defense. You can do so very economically by going here. It would be well worth a few dollars.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
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