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Ep # 382 Can police search car for registration and insurance?
Roadside Chat: Can police search car for reg and insurance?
In this video, Anthony Bandiero talks about privacy rights and a police's authority to search for a car's registration and insurance.
In our view, a weighing of the driver's individual privacy rights against the government's legitimate interests in promoting highway and public safety leads to the conclusion that a limited registration search exception rests on solid constitutional ground. We continue to stand with those jurisdictions that have held the same. The rationale for a limited registration search exception is (1) the minimal invasion of the driver's reasonable expectation of *243 privacy; (2) the furtherance of public safety in general and officer safety in particular; and (3) the recognition that, for constitutional purposes, a brief and restricted search is arguably less intrusive than impounding the vehicle and conducting an inventory search later. Accordingly, after a driver is given the opportunity to present the vehicle's ownership credentials but is unwilling or unable to do so, a police officer may engage in a pinpointed search limited to those places, such as a glove box, where proof of ownership is ordinarily kept.
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Roadside Chat by Blue to Gold aims to answer your legal questions and teach law enforcement officers best practices and clarifies legal issues officers face every day.
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