Kingman, AZ asked in Criminal Law and Civil Rights for Idaho

Q: Passenger is free to go, but then the officer comes back and requests a search of the subject. See more info for specifc

If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for any weapons) but the officers denies the request for a “terry pat” and does a full search, is the violation of the 4th amendment and grounds for a motion to suppress evidence ?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or your vehicle anyway?" Because the MOMENT he said anything like that, then the passenger has now been "arrested" and the cop must have "PC" probable cause to search the passenger and if he does not have the requisite Probable Cause to believe that the passenger has drugs on him, then your counsel will file a Motion to Suppress Evidence and BLOW THEM UP!

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