Legal Question in Constitutional Law in Georgia

Searching of a vehicle

i got pulled over and i had a passenger in my car. The officer said he pulled us over because it looked like the passenger didnt have his seatbelt on. He gets my licence and the passengers name and date of birth and goes back to his car. Three minuites later he come up to the passenger side of the car and asks him to get out and begins to serch him. He finds mariuana on his persons and puts him in handcuffs right away. after that he comes up to my window and asks me to get out of the car and then begins to search me. He does not find any thing so he asks me if there are any illegal drugs in my car, I said no. So he says ''im going to search your car'', i didnt say any thing. He told me to go ten feet in front of my car and stand facing away from my car and if i turned around looked at him he would arrest me. He searched my car and didnt find any thing and let me go. does anything sound wrong with that proceedure?


Asked on 7/08/02, 12:53 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Searching of a vehicle

Your facts do not demonstrate a 'reasonable suspicion' which would entitle the officer to search either your passenger, your car or yourself.

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Answered on 7/08/02, 3:02 am


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