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Question: What if you are driving a car and a police officer pulls you over. He thinks that you have been smoking marijuana and requests to search my car. Does he have the right? Can I refuse him from searching my car? How far can a Police Officer use "probable cause" as an excuse to search/test/arrest me?

Answer: Yes, he or she can search your car. As a general rule, the police have quite expansive rights to search cars. In addition, if the officer 'thinks' you have been using drugs or alcohol, he or she will most likely have probable cause to search your car.

Probable cause exists when an officer, drawing on his or her experience as a police officer, believes that a search will find evidence of a crime. In this case, if the officer "thinks" you've been using drugs or alcohol, they have probable cause to believe that they will either find drugs or alcohol in the car or on your person.

If you refuse to allow the officer to search your car, he or she would most likely get a search warrant from a court and search it anyway.


Comments
21 thru 23 of 23 comments
On 11/13/01
bud s from PA said:
The best defense against being arrested is strait up knowledge. Educate yourself as to what to do in a situation by learning the laws in your state and in your home area.
On 10/29/01
shari from VA said:
what if the officer thinks that the driver is suspect but the person suspected is not smoking and has no smell and the officer decides to search anyways and finds illegal subtances other than the one suspected of using?
On 09/17/01
Tim from AZ said:
So you are allowed to refuse a policeman the right to seaech your car?
21 thru 23 of 23 comments



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