Wednesday, August 27, 2014

What are the Four Things the Police Can Do to a Lawfully Stopped Car?

Lawful Police stops are usually for either an equipment violation or a moving violation. Once that occurs,

The police can do the following after the lawful stop of a car:

1. Shine a light into the interior of the vehicle, But they may not break the window line or go into the car.
People v. Cruz, 34 NY2d 362

2. They can open any and all doors of the vehicle.
People v. David, 56 NY2d 698

3. They can order the driver to get out or to stay put.
People v. Robinson, 74 NY2d 773

4. They can request information: license, registration, and insurance.
People v. Banks, 85 NY2d 558

Any intrusion that goes beyond that requires justification and reasons. Usually this will be the sight of drugs, the sight of weapons, or the smell of marijuana. Once any of those things occur then the passenger and the driver can be legally subject to more invasive search (frisk), and seizure (longer detention).

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

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