CONSTITUTIONAL LAW-SEARCH AND SEIZURE-FULL SEARCH OF TRAFFIC VIOLATOR INCIDENT TO CUSTODIAL ARREST IS REASONABLE UNDER THE FOURTH AMENDMENT

In 1973 a man was convicted for possession of drugs found on him as a result of a full search of his person when he was arrested for a traffic violation. The Supreme Court found that this full search was warranted by the fourth amendment even though there was no evidence of possession of drugs related to his traffic violation. There have been varying opinions in the courts as to when a pat down type of search is satisfactory and when a full search is required. The author concludes that the Supreme Court's decision could lead to abuse of power by the police because of the great number of arrests for traffic violations. It could lead to discretionary enforcement. There is also a problem in how much of the evidence of unrelated crimes will be admissable in court.

  • Corporate Authors:

    Mississippi School of Law

    Box 146
    University, MI  USA  38671
  • Publication Date: 1974-6

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 00097798
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Sep 30 1975 12:00AM