If the police pull over a car you are in and someone flee’s the scene, can the officers choose to search the only 1 person that is left inside the car?

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If the police pull over a car you are in and someone flee’s the scene, can the officers choose to search the only 1 person that is left inside the car?

Asked on September 19, 2013 under Criminal Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone flees the scene, the police would then have probable cause ( a reasonable belief that criminal activity is afoot) to search the remaining person in the car because the police would have a reasonable belief that that person may be armed and poses a danger to the police or others.  If during the search of the person, the police find a weapon or other contraband such as drugs, that evidence is admissible against the person who was searched. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone flees the scene, the police would then have probable cause ( a reasonable belief that criminal activity is afoot) to search the remaining person in the car because the police would have a reasonable belief that that person may be armed and poses a danger to the police or others.  If during the search of the person, the police find a weapon or other contraband such as drugs, that evidence is admissible against the person who was searched. 


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