Fayetteville, TN asked in Criminal Law and Civil Rights for Tennessee

Q: Can the passenger of a car be searched if the traffic stop is in his driveway.

They wouldn’t let my son come in the house. And he refused to be searched. They charged him with resisting arrest and possession of firearm.

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: A passenger can be searched if the criteria for a search is met such as the officer having probable cause the passenger is engaged in criminal activity. Other exceptions also exist. Facts matter. Since he was charged, he should hire counsel asap to determine his defenses, if any.

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