True but it depends what the PC is for, and other factors. Here’s a typical law school exam type question:
What if someone mistakes your identity with someone they thought just committed a crime with a gun and your car matches the description. You get pulled over and they find an unregistered and stolen handgun in the smugglers box that your work buddy gave you in return for helping him install some brake pads. Meanwhile, the guy who committed the crime earlier in the day gets caught and confesses. Are you in trouble for the gun found in your frunk? What if they had found your stash of bald eagle feathers?
What if you actually are the guy who committed the crime and they find the gun on the passenger seat but Look in the frunk and see blood stains on the carpet which leads to you being connected to a body found in the woods a year earlier
This stuff is very fact specific and there are exceptions to the 4th amendment. The case law on this stuff is voluminous
Quote:
Originally Posted by Jeff Higgins
Um... I'm no lawyer (and I can prove it), but it is my understanding that the extent of a roadside search is what they can see from the outside of the car "in plain sight". If it is under the seat, in the glovebox, even in a bag or container of some kind in plain sight, it's off limits without a warrant. We have what is known as a "reasonable expectation of privacy" that the courts have held very dear. As a matter of fact, the Supreme Court ruled a couple of years ago that even bringing out a police dog now requires a warrant. If it is not visible and perceptible to a human, they have to get a warrant to look for it. Even then, they can only detain you for a "reasonable amount of time", which the courts have ruled is about ten to fifteen minutes, before they have to arrest you or let you go.
Those are of course, your rights, and while it pays to know them, it also pays to know when to stand up for them. Or not. "You have to know when to hold, know when to fold, know when to walk away, know when to run...". A dark lonely road is no place to assert those rights with a power tripping cop. There are literally hundreds, if not thousands, of videos out there on the web showing just what happens when folks do that.
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