The Search & Seizure Show

If police stop a car with fraudulent plates, can it be searched for documents?


Listen Later

The following is a computer-generated transcription, some grammar and spelling errors may be inherent

All right, this question comes from an officer in Indiana. And the question is is, so if we have if I stop a car with fraudulent plates, can I search it for the documents, to prove ownership, insurance and so forth. And so here's, you know, here's kind of the context here. So I'm a police officer in Indiana. And we, the officer stopped a car that was being driven around with some paper plates. Now he ran the plates. And he said that it should have returned as just expired, but it didn't, I don't think it returned at all. So some kind of fictitious release result switching that the plates are fictitious, stop the driver stop the vehicle contacted the driver, and she says, I just bought this car off Facebook marketplace, paid cash, no title, no bill of sale, the play came with the car. So the whole thing is a mess. Right. And dispatch also notified that the that plate was expired in in 2020. And it actually because I guess an additional search on it, and it was registered for a different vehicle. So the whole thing is fraudulent. The car is likely, you know, unregistered, uninsured, probably uninsured and so forth. So we have some probable cause for some violations here. Now, the compensation, can I search the vehicle for documents, you know, for ownership, you know, any kind of proof that she's in on it, maybe some other paper tags and so forth? Right? Insurance? You know, stuff that proves that it's her vehicle disproves it, all this kind of stuff? And the answer is absolutely, absolutely. There are two reasons why number one, Yasser kind of mentions one of them, probably cause? So do you have probable cause? Is there a fair probability that more evidence is inside the car that could help you prove or disprove your case? And I think the answer is yes. Right? She's saying that she doesn't have anything else in the car, or, you know, the play came with it, let's see what else is in the car, right? She says she has no bill of sale; maybe if there's a bill of sale, that's, that's to somebody else. Maybe it proves that she sold the car and so forth, right? She has, or she knows that she's not supposed to have the car. But also, there's this other rationale that's also out there by courts, that simply states that when the owner driver of the vehicle is unable or unwilling, right, to provide any documentation for the vehicle, it is reasonable to search those places where those documents are often held. For the paperwork, glove box, center console, above the visor, you know, little areas where the cupholders are, and so forth, you know, in the trunk, if you can justify it, maybe maybe not, you know, but it's much cleaner, if they're in those, especially in those areas where they're under control the driver. But the point is, that's another reason because that's part of, you know, the regulation of vehicles that you're you're supposed to be providing this, this documentation to prove ownership, and legality and so forth. So probably cars plus those other case, the other case law, on the books help justify that I it'd be very, I'd be very surprised that there's a court out there that said that the officer here did not have the right to do a limited search for that paperwork. And in order to move the ball forward now, I also you're probably wondering the same thing. Well, Anthony, what about inventory searches, right? That could work too, but maybe for some reason, the officer does not want to tow the car. Maybe she pulled into her driveway. And there's not really a community caretaking rationale, you know, to tow the car, maybe we'll leave it there. Maybe it's in a private parking lot...

...more
View all episodesView all episodes
Download on the App Store

The Search & Seizure ShowBy Anthony Bandiero

  • 5
  • 5
  • 5
  • 5
  • 5

5

15 ratings


More shows like The Search & Seizure Show

View all
The Joe Rogan Experience by Joe Rogan

The Joe Rogan Experience

226,206 Listeners

The Glenn Beck Program by Blaze Podcast Network

The Glenn Beck Program

25,596 Listeners

REAL AF with Andy Frisella by Andy Frisella #100to0

REAL AF with Andy Frisella

32,596 Listeners

Drinkin‘ Bros Podcast by Tetherball Academy Media

Drinkin‘ Bros Podcast

7,883 Listeners

Jocko Podcast by Jocko DEFCOR Network

Jocko Podcast

30,719 Listeners

Men in the Arena - Christian Men's Podcast by Jim Ramos

Men in the Arena - Christian Men's Podcast

367 Listeners

The Matt Walsh Show by The Daily Wire

The Matt Walsh Show

28,013 Listeners

Things Police See: Firsthand Accounts by Steven Gould: Police Officer, Background Investigator

Things Police See: Firsthand Accounts

1,207 Listeners

The Charlie Kirk Show by Charlie Kirk

The Charlie Kirk Show

49,268 Listeners

Shawn Ryan Show by Shawn Ryan

Shawn Ryan Show

42,398 Listeners

Street Cop Podcast by Street Cop Training

Street Cop Podcast

958 Listeners

Shots Fired Podcast by Kyle Shoberg

Shots Fired Podcast

167 Listeners

The Antihero Podcast by The Antihero Podcast

The Antihero Podcast

541 Listeners

The Tucker Carlson Show by Tucker Carlson Network

The Tucker Carlson Show

15,386 Listeners

Borderland: Dispatches with Katarina Szulc by IRONCLAD

Borderland: Dispatches with Katarina Szulc

38 Listeners