Full question:
My car was towed and a inventory search was proceeded after I left the scene. But in the officers narrative report he mentioned that into my encounter I was rather nervous and shaking with beads of sweats on my forehead... would this mean that he was acting more on a investigarty motive to see why I was sweatin ..he searches my trunk during his inventory search and claims to find drugs in my trunk
- Category: Criminal
- Subcategory: Search and Seizure
- Date:
- State: New Jersey
Answer:
Yes, the officer's mention of your nervousness and sweating could be used to justify a search. Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures. Generally, law enforcement needs a search warrant, which requires probable cause, to conduct a search.
However, there are exceptions to this rule. For instance, the Motor Vehicle Exception allows officers to search a vehicle without a warrant if they have probable cause to believe it contains contraband. Additionally, inventory searches of impounded vehicles can be conducted without a warrant, including the trunk, as long as they follow proper procedures.
Factors that might justify a search include unusual behavior, nervousness, or other signs that raise suspicion. Traffic stops based on reasonable suspicion can lead to further investigation, and if the officer believes there is a risk to safety or evidence may be destroyed, they may conduct a search without a warrant.
In your case, if the officer had reasonable grounds to believe that your nervousness indicated something illegal, it could support their decision to search your trunk. Always consult with a legal professional for advice specific to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.