search incident to non-custodial arrest

[want2banLEO]

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?

[CCCSD]

Which class is this for?

[westside popo]

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?

[just joe]

Could be: want 2 b an leo

[tanksoldier]

...but that would be really crappy grammar.

[BNWS]

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

[L-1]

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?

[Bing_Oh]

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.

[GoldBadge]

Of course. Cavity search also authorized.

[tanksoldier]

The short answer is: yes.

[angeredmgmt]

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