Re: Did Officer Have Grounds to Search Vehicle and Frisk Passenger
Okay, so the reason for the stop, the "reasonable suspicion" to justify the detention, was valid.
Sounds like consent to search to me.
He did give the officer permission to search.
And, legally, the officer can ask most any question he wants of a person he is in contact with. The person does not usually have to answer those questions unless they pertain to identity.
If John Q. Public could have asked him that question, the cop can. Yes, the officer can ASK for almost anything. Your boyfriend could have said, "No."
Did the officer have grounds to ask him if he could search his vehicle and frisk him?
How is asking questions and searching someone "harassment?" Is it part of a pattern? Is this officer or others in his agency engaged in a pattern of behavior that could constitute some sort of unlawful harassment? I doubt this was "harassment" by any legal definition.
Is it okay for a police officer to harass someone that is pulled over for a speeding ticket in this way? Was there probable cause?
And since your boyfriend gave consent, no "probable cause" or exigent circumstances were required to conduct the search.
Your boyfriend can make a complaint to the officer's employing agency should he choose to.
He talked down to my boyfriend and was not professional.
Does the fact that he gave permission to search the vehicle make it okay?
Without consent, no. WITH consent, sure.
Is speeding enough in itself for an officer to perform a search?
A Nor Cal Police Sergeant
"Make mine a double mocha ...
... and a croissant!"
Walk humbly with your God
-- Courageous, by Casting Crowns