TIP: Click on subject to list as thread! ANSI
echo: askacop
to: GORDON TODD
from: RICH WILLBANKS
date: 1998-03-24 21:08:00
subject: Zero Tolerance

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.
GT> In PA, once a driver is reomved from the car, an officer may
GT> not search any part of that vehicle.  He may remove any
The last I heard the USSC had ruled that an officer may
search any unlocked compartment of the car as long as
the person is not under arrest.  I don't keep up with
it as much as I used to so I could be wrong.
GT> Commonwealth vs. White, Dec 1995.  Related U.S. Supreme
GT> Court decisions are Belton (1981) and Timko (1980).
The USSC case I'm thinking of was in the ate 80s.  Had
to do with something, a weapon I think, found in a car
that was being searched "for the officer's safety" even
though the driver was handcuffed and well away from the
car.
                      Remember:  Freedom isn't Free!
--- timEd-B11
---------------
* Origin: My BBS * Dover, TN * (1:379/301.1)

SOURCE: echomail via exec-pc

Email questions or comments to sysop@ipingthereforeiam.com
All parts of this website painstakingly hand-crafted in the U.S.A.!
IPTIA BBS/MUD/Terminal/Game Server List, © 2025 IPTIA Consulting™.