Asked in Traffic Tickets and Civil Rights for Mississippi

Q: Legal validity of receiving a ticket for passenger's seatbelt infraction and subsequent vehicle search at a checkpoint.

I was driving through a checkpoint in Mississippi for license and driving sober compliance when I was stopped because my passenger wasn't wearing a seatbelt. It was the first citation related to seatbelt laws I have ever received. The officer stated that as the driver, I was responsible for my passenger wearing a seatbelt, and I received a ticket. The officer also asked for permission to search my truck, and when I asked about probable cause, he claimed the seatbelt infraction was enough and called for a canine to search my vehicle. In the last two years, I have been pulled over more than a dozen times and searched at least six or seven times, with nothing ever found in my vehicle. Is this process legal, and should I have received a ticket for my passenger's seatbelt infraction?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Mississippi, drivers can indeed receive citations for passengers who don't wear seatbelts, as state law places this responsibility on you as the driver. The Mississippi Code Section 63-2-1 makes the driver accountable for ensuring all passengers buckle up, and this is enforceable as a primary violation, meaning officers can stop you solely for this infraction.

However, a seatbelt violation alone typically does not establish sufficient probable cause for searching your vehicle. Law enforcement generally needs additional reasons to justify a search without your consent - such as visible contraband, suspicious behavior, or a legitimate alert from a drug-detection dog. Your experience of being repeatedly stopped and searched without findings raises questions about potential profiling, which courts have increasingly scrutinized in recent years.

You might consider contesting this ticket and the search in court, particularly given the pattern of stops you've experienced. Document every interaction with law enforcement in detail, including officer names, badge numbers, stated reasons for stops, and search justifications. Consider consulting with a defense attorney who understands both traffic law and Fourth Amendment protections against unreasonable searches. Many lawyers offer free initial consultations where you can discuss the specifics of your situation and explore your legal options moving forward.

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