EP

[@NaturesHealingGrace]

I have a somewhat similar situation. Made a traffic stop, could see a firearm in the vehicle on the passenger seat. Remove the driver for safety reasons, and he's a known felon with battery on officer alerts and drug user etc. Ran a triple I found out that he's a felon who cannot have a firearm in his possession. He was arrested for having the firearm. The sergeant said we can only search the vehicle in the vicinity of the passenger seat where the firearm was located. Is this correct? And we are not towing the vehicle so there would not be an inventory. Are we not allowed to search the entire vehicle for additional firearms? And or other illegal items?

[@mgulllake5847]

The sgt was incorrect

[@BluetoGoldPolice]

That is not a correct interpretation of the law. Some states like NM or WA may be more tricky. But generally no it’s not correct

[@NaturesHealingGrace]

@@BluetoGoldPolice it was the state of Idaho which you know we're pretty pro law enforcement and against criminals here. I couldn't understand why the sergeant limited the search.

[@BluetoGold]

@@NaturesHealingGrace And it's the reason why I bought my new home in Idaho!

[@i-m-bossride]

All warrantless searches are subject to heightened scrutiny after the search, and evidence can be suppressed if the judge disagrees with the officer's conclusion that there was probable cause to conduct a warrantless search. To avoid possible suppression issues, if there is time to get the warrant. why not seek one and eliminate that chance?

[@BluetoGoldPolice]

Yep. Just because you can doesn’t mean you should.