NC Court: Driving on Expired License Grounds for Police Search of Entire Car

| | Comments (0) | TrackBacks (0)
If your house had an inspection violation could police just on that basis decide to search your whole house? When it comes to vehicles those niceties about reasonable search are irrelevant, says NC court.

Fourth amendment blog reports

NC: Expired tag justifies a search incident

Defendant was arrested for driving on an expired license of a vehicle after a stop for a worn and tattered paper tag. That permitted a complete search of the interior. The rule as to vehicles is different that dwellings. State v. Carter, 2008 N.C. App. LEXIS 1159 (June 17, 2008):

Defendant relies on a series of cases that state an arresting officer may lawfully search only for property connected to the crime with which he is charged. However, none of the cases relate to the search of a defendant within an automobile, and as such are irrelevant. Defendant attempts to graft on to the above-stated rule not only a requirement that the search be only for evidence of the crime for which the defendant was arrested, but also a requirement that the illegal nature of that evidence be immediately apparent. In none of the many cases cited above (Brooks, et al.) in which our Courts have considered this type of search has either been made a requirement.

Comment: So--what about an arrest for speeding? Does that justify a search incident in N.C.?


0 TrackBacks

Listed below are links to blogs that reference this entry: NC Court: Driving on Expired License Grounds for Police Search of Entire Car.

TrackBack URL for this entry: http://mondoglobo.wftk.org/blog/mt-tb.cgi/312

Leave a comment

Tip line

Do you have a news item that we should know about? Drop us a line at tips@donttasemeblog.com!

About us

Don't Tase Me, Bro! is a production of QuestionAuthority (wiki)

About this Entry

This page contains a single entry by Phil Leggiere published on June 24, 2008 9:38 PM.

Tennessee State law requires universities and colleges to notify parents on any disciplinary action involving drink, drugs was the previous entry in this blog.

Indiana Federal Court Strikes Down Law Allowing Random Computer Searches of Sex Offenders is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.