Q: If i get pulled over for speeding 5mph over, can police arrest me and use that as justification to search?
I've had police arrest me for small things... Ie jaywalking, because they see my criminal history of drug possession, and want to search me even though I've declined consent. Is this legal?
I drive a lot for work, and need to know if they can arrest me for marginal infractions in order to justify a search of my work vehicle.
I usually decline consent, but if they arrest me to circumvent my declination am i better off letting them search if i don't have anything on me? I know better than to allow police anything that isn't required. Contrary to common belief, police -by and large- don't have your best interest at heart.
A: They can arrest you for almost any violation... except minor speeding. This was discussed in detail in the US Supreme Court's majority opinion in a case from Texas named Atwater v. Lago Vista, 532 U.S. 318 (2001). Look it up!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
