RW>CH> Any officer stopping your vehicle is going to be concerned
RW>CH> about his safety.  Obviously, if you had a 12 guage shotgun
RW>CH> on the seat next to you it would be important that he be
RW>CH> aware of that.  Moreover, the officer has an obligation to
RW>Hum. . .I guess they think maybe I'm Plasticman and
RW>they should make sure I don't have that shotgun on the
RW>rear floorboard behind the driver's seat.  I can see
RW>the argument but when the courts have ruled that the
RW>officer can search the passenger compartment even if
RW>the driver is out side of the car for the officer's
RW>"safety" it starts getting really thin.
Hello Gents:
In PA, once a driver is reomved from the car, an officer may not search
any part of that vehicle.  He may remove any contraband which is in
plain view, sieze it, and charge the driver with any offense which
follows from that legal siezure.  The basis for this is PA Supreme Court
ruling in Commonwealth vs. White, Dec 1995.  Related U.S. Supreme Court
decisions are Belton (1981) and Timko (1980).
I would note that in White, the PA supreme court specifically indicates
that it is their intent to give motorists greater protection under the
PA Constitution than motorists receive under the U.S. Constitution.
Stay safe,
Gordon Todd
Lansdale, PA Police
Patrolman, Firearms Instructor, Field Training Officer
NGHTFLAME7@aol.com
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 * SLMR 2.1a * "Bother" said Pooh as he set up a claymore.
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