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re: Kansas Court rules reclined seats, clear bags justification for warrantless search
Posted on 4/10/17 at 12:35 pm to skrayper
Posted on 4/10/17 at 12:35 pm to skrayper
Considering the source, why do I have the feeling that the facts are not at all as they are portrayed in the article and provocative thread title?
Posted on 4/10/17 at 12:48 pm to Willie Stroker
After reviewing the facts of the case, everything checks out as legit:
Legal stop? Check. Officer made the stop after observing the driver cut through a parking lot to avoid a traffic light.
Legal arrest? Check. Driver had an active warrant. So did the passenger.
Exigent circumstances to justify warrantless search? Check. Being in a moving vehicle alone fulfills this requirement to base a warrantless search solely on probable cause.
Probable cause? Check. Driver admitted the plastic baggie previously held marijuana. This helped establish probable cause, in addition to the passenger's behavior after the officer initiated a stop.
Legal stop? Check. Officer made the stop after observing the driver cut through a parking lot to avoid a traffic light.
Legal arrest? Check. Driver had an active warrant. So did the passenger.
Exigent circumstances to justify warrantless search? Check. Being in a moving vehicle alone fulfills this requirement to base a warrantless search solely on probable cause.
Probable cause? Check. Driver admitted the plastic baggie previously held marijuana. This helped establish probable cause, in addition to the passenger's behavior after the officer initiated a stop.
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