Expert: Robin Sexton - 7/27/2009

Question
What would be required of police to search an auto after a traffic stop?

Answer
LaRhonda,

The standard that is required is "Probable cause".  However explaining that is very difficult.  It is kind of like the definition of pornography. " I know it when i see it".  Probable Cause could be something the officer sees, smells or and most commonly a collection of different information that leads them to believe that there is a high probability that there is criminality afoot.  The officer must be able to articulate or explain what led them to their decision.  Then these factors are argued and weighed in court.  What constitutes probable cause 5 years ago will be different today.  For example the smell of marijuana in a car is considered probable cause. Five years ago it wasn't.

I hope this helps, if not please repost with more specific information

Robin