Question

You decide to follow the car. As you pull up behind it, you can see that the occupants notice you are there. The car makes a quick right turn onto a side street without signaling and pulls into the middle lane. Based on this, you call it in and pull the car over. A backup unit driven by Officer Lee arrives on the scene. As you approach the vehicle, Officer Lee joins you. You ask the driver to exit the vehicle to speak with you, which he does. He is calm and cooperative. While you are speaking with the driver, Officer Lee looks inside the car to ensure both your safety. Officer Lee clearly sees the passenger in the front seat place something beneath his seat.

Let’s review two more concepts before you make another decision about this scene.

What level of standard do officers need to search a vehicle and any closed containers in it after making a legal stop?


They have the presumptive right.

They must have probable cause or consent.

They must have reasonable suspicion.

They need only a hunch or suspicion.

Answer 1

They must have probable cause (or the occupant’s consent).

Reason: a lawful stop plus probable cause to believe the vehicle contains contraband or evidence justifies a warrantless search under the automobile-exception (and extends to closed containers). Reasonable suspicion only supports detention and a limited weapons frisk, not a search of closed containers.