My question involves search and seizure law in the State of: Tennessee
My boyfriend was driving from his friend's house after watching a movie. No alcohol or drugs were consumed whatsoever, nor did he have any drugs or alcohol in his vehicle. It was around midnight and he passed a police officer as he was going downhill and the police officer was going the opposite direction. The officer tells him that he clocked him going 48 in a 30 mph area, which was probably accurate.
He begins asking my boyfriend questions on where he was going, where does he work, etc. and tells him that his eyes look red. Has he been smoking wacky weed or drinking? He tells him no, he has not. Would he consent to a breathalyzer? He says yes, he would consent. He then asks him to get out of the truck, put his hands on his head and proceeds to frisk him. I'm not sure if he asked to search the vehicle before or after he frisked him, I'm assuming before. He did give the officer permission to search. He had a pocket knife, which the officer took from his pocket. He searched his vehicle and of course found nothing, because there was nothing in his car. He did get a speeding ticket, which was understandable.
Did the officer have grounds to ask him if he could search his vehicle and frisk him? 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? I feel that he made judgment because he was a young male. When my boyfriend asked if he should turn his truck off, the officer put down his vehicle by saying, if you think it will start back up. (Its probably a 98 model and runs well). He talked down to my boyfriend and was not professional.
Does the fact that he gave permission to search the vehicle make it okay? Is speeding enough in itself for an officer to perform a search? I have been very upset about this and would appreciate any and all input. Also, can anyone point me in the direction of the specific laws/procedures on this in Tennessee? Thanks in advance.