5th Circuit Rules Police Officers Can Search Disabled Car Occupant

Lawyers USAMarch 13, 2007

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Summary


Police may open a vehicle door to view and pat down an occupant who is physically unable to leave the vehicle, the 5th Circuit has ruled.

The defendant was a passenger in a car that was stopped by police for an improper lane change and operating without tail lights. The officers ordered the driver and the defendant to step out of the car. The driver did so, but the defendant informed police that he was a paraplegic and thus physically unable to exit the car.

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5th Circuit Rules Police Officers Can Search Disabled Car Occupant

In response, one of the officers opened the passenger-side door and conducted a visual exami...

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