Traffic Ticket FAQ

Question:

Can the police search me if I am a passenger in the car?

Answer:

Generally, no. The rules surrounding the search of passengers in a car stopped for a moving violation are similar to the rules surrounding the driver. That is, if the officer has a reasonable suspicion that the passenger may be involved in criminal activity, the passenger may be searched.

For example, if when approaching the car, the officer notices the passenger bend over and hide something under the seat and the car smells like marijuana when the officer approaches, the passenger may be searched.