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Criminal Law/Random auto searches

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Expert: - 6/5/2008


Question
Hi--recently in my community, the police were conducting "random" "safety" inspections, under the rubric of checking for seatbelts, insurance cards, and broken tail lights, etc. However, during one of their searches they found someone possessing marijuana. Or more specifically, they searched this person's car with a dog and found the drugs. What I don't understand is how they can stop cars without probable cause and then search them. Can you explain?

Answer




  You didn't ask about the drugs.  Your question involved "random" stops and "how they can stop cars without probable cause".   I answered your question about "why" the police can stop cars without probable cause.  If had wanted an answer about drugs then you should have asked about drugs.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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