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If stopped by a police officer for traffic violation, are the still limited to asking for license and registration or can they search your car for suspicion/probable cause?

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Leave a Reply to laura_keegan

  1. Clarification. By suspicion/probable cause, meaning police officer in the process of getting license and registration, saw something or smelled something in car that he wanted to identify but was unable to identify without searching car. (For example, says he smelled marijuana or alcohol or saw something suspicious he could not identify, many situations police officer could claim suspicion/probable cause – does that give him or her right to search?

  2. By right to search due to probable cause or suspicion, meaning just as police officer has right to ask for license and registration when he/she stops a driver for traffic violation, does probable cause or suspicion add to those rights, the right to search vehicle? Or is it the same, driver asks if committed a crime and if not, can refuse search or make it an order that driver charges for.

  3. Then if anything is an order after license and registration is shown for traffic violation, even if there is suspicion/probable cause, can the driver refuse the order since only traffic violation (infraction committed), no crime committed? The question really comes down to when do police officers have right to search vehicle when no crime committed, so you can claim trespass if they search despite the driver declining the order, or they search without even requesting to search in this situation.