Ep. #331: When can police search passengers?
📌 Officer's second command for defendant to empty his pockets, which constituted a Fourth Amendment search, was a justified warrantless search because there was probable cause to believe defendant was possessing marijuana, there was a high risk that the evidence would be destroyed, and the search was a very limited intrusion; when defendant admitted that he was in possession of marijuana, officer had probable cause to arrest him for possession of a controlled substance, if officer had allowed defendant to leave his presence without conducting the search, there was a high risk that the evidence would have been hidden or destroyed, and search was minimally intrusive since officer merely instructed defendant to place whatever marijuana he had on the hood of the car.
- United States v. Pope, 686 F.3d 1078 (9th Cir. 2012)
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