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...permitted to do a search of your personal belongings...

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Question by Bill
Submitted on 6/17/2004
Related FAQ: Lawful Arrest/Search/Seizure FAQ
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Is it permitted to do a search of your personal belongings (purse and car) during a routine traffic stop that results in an arrest for driving without a valid drivers license?  No permission was asked or given yet the search was conducted.  Is this legal?


Answer by darrellp
Submitted on 11/28/2005
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this would qualify as an "illegal search", however, your only recourse is... nothing. If anything illegal had been found, it would theorhetically be inadmissable as it was found as a result of an illegal search. Of course, the cop would claim that you had given him consent and you have no way to prove that you didn't. Luckily, you didn't have anything illegal on you, not much you can do about it now, except expose the coruption (letters to the editor,etc).

 

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