If a cop cites me for reckless driving, does he have probable cause to search my car?

[dkf747]

Originally Posted by Bigfoot424

I'd love to see proof of this. I recall when my kids were in high school they came home asking if they could be cited for crossing the lines in a parking lot. I had to laugh at them for believing everything they hear. I've heard it a few more times since. It's bogus and you don't get a ticket for that. If you're friend got a ticket then there is more to the story.

I'm not him, but I did get a warning for doing that once. The warning was because of how fast I was going when doing it. This was in another state, though, and many years ago.

[mcwali2009]

Originally Posted by Bill790

So, I live in Northern Virginia, and I'm taking a driver's improvement class to help with a speeding ticket. The instructor told me that, in the state of Virginia, if a cop stops and cites you for reckless driving (which can be going 20+ mph over the speed limit, or going 80 mph regardless of the speed limit, or a number of other things), that, because reckless driving is a misdemeanor in Virginia, that gives the cop probable cause to search your car.

Does that sound right? It didn't sound right to me, but now that I think about it, I'm not sure....

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Since when can a cop search you because your speeding?

[dr.strangelove]

Originally Posted by Joe33

This is not correct. They can do a Terry search which is of your person. Thats it.

The vast majority of cops wont even do that. They will write you a ticket and be on their way unless they really do smell pot or see a bag of drugs on your seat or a puddle of blood dripping from your trunk.

Most cops who really have need for a terry stop will ask you to get out of the car and tell you that they want to search you for weapons.

But this usually isnt done by the good cop unless something shows up when he runs your license or they just happen to be looking for a car like yours that was involved in another crime.

The aberration is the cop who is pushing the envelope and demands your compliance. These guys are rare but they are also the ones who do the most damage.

Respectfully, you are incorrect. While a vehicular stop is indeed a Terry stop, the courts have gone FAR past Terry for vehicular searches. Look at Michigan v. Long (463 US 1032). the court allows a search of the passenger compartment of those areas in which a weapon may be placed or hidden and obtained by the passenger if the police officer has a reasonable belief that the suspect is dangerous and the suspect may gain immediate control of weapons. Further, In Knowles v. Iowa, the Court held that a Terry search includes the passenger compartment, including gloves box and under the seats, if the officer has a reasonable belief that the suspect is dangerous and the suspect may gain immediate control of weapons.

Terry extends to the interior of the vehicle for places a weapon can be accessed in such situations. It is used constantly. I make illegal search motions for glove box and seat cushion searches several times a year where the defense is Long or Knowles and the searches are almost always upheld.