When a driver is stopped for traffic violation, the police officer has to respect your 4th Amendment constitutional rights that personal privacy must be protected. He can only search your car if he has reasonable cause, not probable cause. It is in the eyes of a reasonably prudent person how reasonable the officer's conduct is, objective standard. If there is a gun on your dashboard, yes, he can search, because his suspicion is reasonable. In the instant case, the DVD's are in the bag so that reasonableness is argurable. There are four exceptions to this ru1e:
1. driver's consent.
2. a properoly obtained warrant.
3. emergency, and
4. after a valid arrest.
My 2 cents
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02/02/2006 postreply
19:20:31
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回複:thank you for your reply!
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02/02/2006 postreply
20:07:15