Michigan  |  Constitutional Law

Legal Question

Asked on: 1/17/10, 3:14 am

I came across a recent case where the state police conducted a traffic stop for speeding. Since the occupants were dressed in a manner as "plain clothes police officers". They were arrested and charged with impersonation.

The vehicle was searched during the traffic stop, because one of the occupants had an empty firearm holster. No weapon was located inside the vehicle. During the search of the other two occupants, an "alleged i.d. containing the department of homeland security seal" was recovered.

The vehicle was towed to the police station where another search of the vehicle was conducted as the "inventory search" to no avail. It was impounded and put on hold for "investigative purposes". Now, over 20 day later DHS along with the state police goes out and research the vehicle without a search warrant. During this search without a warrant, the officers recovers another i.d. similar to the other two occupants.

The impersonation charge has been dropped and the occupants are being charged for the i.d's

I would like to get a better understanding, is this a violation of that persons 4th Amendment Rights?

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