Ep

Summary:

Mark, a law enforcement officer from Scottsdale, Arizona, seeks clarification on whether he can search the backpack of a passenger after a traffic stop. The driver showed signs of impairment and was determined to be under the influence. Two passengers exited the vehicle and grabbed their bags. Mark believes he has probable cause to search the backpack since it was in the vehicle and there was drug paraphernalia found. The hosts discuss the motor vehicle exception, Arizona versus Gantt, and the concept of reason to believe evidence of the offense. They conclude that Mark is likely within his rights to search the backpack based on these factors.

Key Takeaways:

The motor vehicle exception allows for a search of a vehicle if there is probable cause, such as the presence of drug paraphernalia.
Arizona versus Gantt establishes that if there is reason to believe evidence of the offense is in the vehicle, a search can be conducted.
The bags being removed from the vehicle before probable cause was established may present a challenge, but the contemporaneous nature of the search may still be upheld.

Quotes:

"Reason to believe. What is that standard? That's a low standard. That's arguably lower than reasonable suspicion." - Anthony
"Officers need bright line rules. I don't think they're going to get into the nitty gritty and say, well, was it one inch outside of the car when you saw it? Was it two inches outside of the car?" - John

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