QUESTION
Is it legal to search a trailer after being pulled over?
Asked on Feb 24th, 2012 on Criminal Law - Florida
More details to this question:
A person, on vacation with his family traveling from KY into Upstate NY, is pulled over for not having plates on his travel trailer. In the retrieval of his trailer registration from within his travel trailer, the officer stepped into the trailer along with this person. The registration was found and as the officer started to exit the trailer he spotted a bullet lying on the floor, next to the door. He asked if there were any hand guns in the trailer. The answer was yes, two pistols. The person was then cuffed and placed into the patrol car. A search was immediately conducted, as he and his family watched. The two pistols were found and this person was arrested for possession. Should the Officer have obtained a search warrant, prior to the conducting of this search?
2 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It sounds like a totally legal search and good police work. Under the facts and circumstances you articulate, no warrant was required. Now your friend needs counsel.
Answered on Feb 27th, 2012 at 9:27 AM
Bruce Arthur Plesser
The fact that the defendant stepped back in trailer gives police reason to follow him for police protection like making sure he doesn't retrieve a weapon.
Answered on Feb 24th, 2012 at 8:50 PM