Question:

If a driver of a car is stopped by police officer for traffic violation are they in violation or breaking any

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rights to search the passenger or give sobriety testing ?

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4 ANSWERS


  1. No, they are well within their rights to question and search anyone within the vehicle. Now if they had searched the vehicle without asking, assuming the driver wasn't arrested, then you would have a case.


  2. Not if they have probable cause. What constitutes probable cause will vary according to jurisdiction.  

  3. You are not required to consent to a search or any field sobriety testing.

    There may be many circumstances where the officer does not need your consent to conduct a search.

  4. you can decline the  sobriety test but will still be arrested & the police will get a court order to draw blood  

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