If I was pulled over by the DEA for my tail light being out, did they have the right to search me and my vehicle without probable cause?
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If I was pulled over by the DEA for my tail light being out, did they have the right to search me and my vehicle without probable cause?
Asked on November 21, 2014 under Criminal Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, being pulled over for a broken taillight would not, without more, give the authorities the right to search your vehicle or you. However, there are many circumstances under which they could search you:
1) There was a search warrant for you--as may have been, if the DEA (who don't normally get involved in traffic stops) was keeping an eye on you;
2) There was an arrest warrant (including a bench warrant, such as for non-appearance in court) for you;
3) You consented to the search--for example, they said, "we'd like to search your car" or something similar, and you either explicitly agreed, or acted in a way (nodding you head; getting out of the way so they could search; gesturing at them to continue; etc.) consistent with consent; or
4) you acted in some way suspicious (evasive, trying to hide something or moving it out of sight, etc.) which did provide probable cause.
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