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search incident to non-custodial arrest

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  • search incident to non-custodial arrest

    car stopped for speeding, the odor of marijuana, occupants out and search and find marijuana and paraphernalia.

    can occupants be searched if you're going to cite and release?


  • #2
    Which class is this for?
    Now go home and get your shine box!

    Comment


    • #3
      Originally posted by want2banLEO View Post
      car stopped for speeding, the odor of marijuana, occupants out and search and find marijuana and paraphernalia.

      can occupants be searched if you're going to cite and release?
      What do you think?
      Illegal easily concealable contraband + probable cause = ....

      Want.. 2... ban.. LEO? Really?

      Comment


      • just joe
        just joe commented
        Editing a comment
        Could be: want 2 b an leo

      • tanksoldier
        tanksoldier commented
        Editing a comment
        ...but that would be really crappy grammar.

    • #4
      Give him the speeding ticket, go on your way. Park under a shady tree and surf the net. Mission accomplished.

      Comment


      • #5
        Originally posted by want2banLEO View Post
        car stopped for speeding, the odor of marijuana, occupants out and search and find marijuana and paraphernalia.

        can occupants be searched if you're going to cite and release?


        How much did you have on you?

        Going too far is half the pleasure of not getting anywhere

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        • #6
          If you're a LEO as your profile says, I'd recommend that you find some local legal resources, be it more experienced officers on your department or your local prosecutor. "Plain smell" rulings vary by state and locality, as does the interpretation of the motor vehicle exception depending on local courts.

          A competent LEO should put effort into learning things like basic search and seizure precedents from known, reliable sources, not random posters on an internet message board.
          "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
          -Friedrich Nietzsche

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          • #7
            Of course. Cavity search also authorized.
            I’ll die with blue in my veins.

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            • #8
              The short answer is: yes.
              "I am a Soldier. I fight where I'm told and I win where I fight." -- GEN George S. Patton, Jr.

              "With a brother on my left and a sister on my right, we face…. We face what no one should face. We face, so no one else would face. We are in the face of Death." -- Holli Peet

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              • #9
                All competent officers should already know this AND should have anal probes and gynecological instruments primed and ready.

                Comment

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