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A reasonable belief that a crime has been committed. Example: You pull over a vehicle and while speaking with the driver smell the odor of marijuana in the vehicle.
Added: Or observe a firearm, or what appears to be proceeds of crime inside the vehicle.
ALSO: Be advised that these examples are only a small sample of reasonable causes to suspect criminal activity.
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Is an open container probable cause to search?
Probable cause to search WHAT? A vehicle? Yes, but only the passenger compartment or any area where the passengers of the vehicle might have access. To search a building or a residence - no. Only that area which is in plain sight
What can officers do with Probable Cause?
Search you, your car, your house etc
When can hearsay be used to establish probable cause for a search warrant?
When it is corroborating or corroborated.
What if a cop makes up a probable cause to pull you over how can you prove that he had no probable cause?
Difficult and expensive to prove lack of probable cause. Probable cause can be anything from suspicious activity in the vehicle to weaving while driving or failure to signal. I am sure you could find a lawyer who would try but I am also sure the judge would eventually find for probable cause in the end.
Why are probable cause warrants issued?
For the "probable cause" that a criminal event has, or is about to occur, and by serving the warrant (search or arrest) the crime can be solved or prevented. Probable Cause (partial definition): " . . is more than mere suspicion but less than the amount of evidence required for conviction."
Do you have to allow an officer of the law to search your car if you are stopped for a traffic violation?
No. Officers can only search your vehicle if 1) you consent or 2) if they have probable cause. If the officer has probable cause to search your vehicle, they generally won't ask you for permission, but will instead tell you that they are going to search your vehicle. Whether probable cause for a search exists depends on the circumstances.
When pulled over for speeding is that probable cause to search vehicle in Florida with a dog and not search inside vehicle only walked dog around vehicle and scratch the heck out of it?
The police walking the dog around the vehicle is a non-invasive search, is legal, and does not require probable cause.
Is an open container probable cause to search?
Probable cause to search WHAT? A vehicle? Yes, but only the passenger compartment or any area where the passengers of the vehicle might have access. To search a building or a residence - no. Only that area which is in plain sight
Is a vehicle search legal before you are arrested?
It can be a legal search if probable cause exists, or with consent.
Can police search your tractor trailer with out consent?
As with any other vehicle, it'll require probable cause. If a police officer sees a lot lizard go into your truck, for example, then they have probable cause to search that vehicle.
What is the law in Florida to search a vechicle when no crime was committed?
It may be searched with the permission of the operator of the vehicle, or on probable cause to believe that a crime has been committed on, or within, the vehicle itself, or by the officers affidavit that probable cause exists to search the vehicle for contraband. Probable cause in the latter case may be established by the indications of a trained drug or explosives sniffing canine.
What was the ruling on searching a vehicle before being arrested?
In most jurisdictions the search is valid if there is probable cause. Probable cause is what the officer thinks and can substantiate. Don't forget those dash cams.
Does the owner of vehicle have to be present in order to search a vehicle?
That depends on how the search began:If a court issued a warrant to search, then no one need be there.If another in charge of the vehicle gave permission to search, then again, no there is no need for the owner or the warrant.If the vehicle was unattended and searched, it is still gray area because of probable cause.To translate, if probable cause existed; if a warrant was issued, or if 'some person' with 'possession and control' gave permission then the search was legal.
Can police search your vehicle without consent if you are under 18?
If the police have "probable cause"., meaning that they may believe there is something illegal, they can.
Can a cop search your vehicle without consent in Florida and am I protected by Florida State Laws from a consentless search if I was pulled over for speeding or for other reasons?
A police officer must have either your consent, a warrent, or probable cause to search your vehicle - probable cause to search can include everything from a partially hidden weapon (gun), blood, body parts to just the cap of a alcohol container sticking up from a seat.
Can a traffic infraction give a cop probable cause to search your vehicle alone in Florida state law?
No. Unless you are being arrested or give the officer consent to search the car a simple traffic infraction alone does not give the right to search a vehicle.
Can police search your persons when a k9 gives probable cause to search your car?
Once a properly trained working K9 indicates something illegal on you or your property, that is considered probable cause.
