traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.

Question

Is this a legal search and seizure? Affadavit of complaint: "Passenger had two packs of cigarettes in her hand gripping them tightly. I asked passenger if they were just cigarettes to which she stated they were. Inside....." 
 
thank you for your attention in this matter of grave concern to the parties involved

Anthony M. Avery · Answer

That will probably be found to constitute a justifiable search for the officer's safety.

James L. Arrasmith · Answer

In a situation like this, whether the search and seizure are legal depends on the specific circumstances and the officer's justification for the search. Generally, officers need probable cause or reasonable suspicion to search a person or their belongings. If the officer believed the cigarette pack contained something illegal and had reasonable suspicion to support this belief, the search might be considered lawful. 
 
However, if the officer did not have a clear reason to suspect that the cigarette pack contained contraband beyond the passenger gripping it tightly, it could be argued that the search was not justified. Simply holding a cigarette pack tightly does not automatically provide probable cause. If the passenger did not consent to the search and the officer lacked reasonable suspicion or probable cause, the seizure might be deemed unconstitutional under the Fourth Amendment. 
 
You may want to consult legal advice specific to Tennessee law to understand how the courts have ruled in similar cases. Courts will consider the officer's actions, the reasonableness of the suspicion, and whether the passenger's rights were violated. An attorney could review the details and provide more guidance on the strength of a motion to suppress evidence in this context.

Q: traffic stop. driver passenger comply w officer request exit car. Officer seizes cig pack from pass' hand. Finds contra.