Absent Probable Cause, When is it Okay for an Officer to Search for Contraband at a Traffic Stop?
BY: William R.F. Conners
Managing Partner and Founder
When an officer makes a traffic stop he/she may search the vehicle without probable cause if the driver gives consent to search. Without consent, the officer may search the driver’s person if the officer lawfully arrests the driver, such as for driving on a suspended license. That is far from a complete analysis, as there are many varying details and circumstances that effect the lawfulness of a search. A knowledgeable attorney can help determine and protect legal rights based on the facts of a particular case.