She had no license. I'm sure that had something to do with it...
No OL is an arrestable offense. Your vehicle will be towed, before towing an inventory of the vehicle will be performed. This "usually" includes locked or sealed containers as well.
Don't know about the laws in that state where this occured, but out here it is a misdemeanor to drive with a expired, suspended or have no license, which allows them search your vehicle because you have committed a misdemeanor. Most times the cop will write you a ticket and be on his way, other times they will pull you out, detain you, search vehicle, then if they find nothing you get uncuffed and have to walk home.
WTF. Did she have them in the open, or did she consent to a search? Speeding and driving without a valid license are hardly probable cause for a search warrant . . . so how did the cop get access to find these items?
Wake up people. You should never ever consent to a search of your vehicle by regular police, even if you have nothing to hide . . . Border patrol, on the other hand when near to the border, can search without a warrant and there's nothing you can do about it.
The only way you don't get busted for driving w/o a license is if you are an illegal immigrant, you guys need to catch up on your laws
Hey Wood, can't an officer search a vehicle since he was arresting her for driving without a valid driver's license? I believe they can search a vehicle incident to an arrest.
I really don't know and suspect this rule is different in every state. But what I am getting at is having a suspended driver's license and driving with it should not create a suspicion of any further crime, should it? Kind of like a broken tail light or an expired registration. Those give a cop a basis for a stop and cursory glance, and possibly to impound the vehicle, but does not entitle them to a search warrant. If I were a defendant and could afford to fight back in court, I wouldn't give up the argument because it seems like a real weakness in the government's case.
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