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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Question Officer Opened Car Door and Looked Inside Without Consent

    My question involves civil rights in the State of: kentucky
    i was pulled over in my neighborhood for failure to illuminate headlights. i was stopped and rolled down my window to speak with the officer. while i was grabbing my insurance and registration another cop walked over to my passenger side and said "is this unlocked"
    before i had a chance to answer he opens the door and say "ope i guess it is" and proceeds to put his head in my car and look through my car with a flashlight without turning over anything just looking with his eyes.
    is he allowed to do this without consent because i feel like he entered my car without permission and performed an illegitimate search

    please anyone with law experience i need to know i have a court date on the 10th of Dec if possible something where its stated or a precedent

    thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Was I Illegally Searched

    Your reaching over, could have prompted the door being opened as a matter of safety. The officer did not see anything that was not already in plain site and visible from outside the vehicle. What do you have court for? Did they find something in the visual search?

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Was I Illegally Searched

    So are we to infer that something was found during this search? Was what was found in plain view? In other words, would the officer have seen it looking from outside with his flashlight? While there are issues with the officer actually opening the door and sticking part of his body in the vehicle to look in, an item is plain view is normally fair game and the incident wouldn't warrant much more than a personnel complaint. If it was under a seat or otherwise out of view, there's issues as that is not plain view. Plead not guilty and get an attorney to look at it. With the bare bones facts you've presented, that would get you better advice than we can give.

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