Is a search warrant unnecessary to search a vehicle where there is probable cause to believe that the operator is guilty of a crime rather than merely a simple traffic infraction?
"New York", United States of America
The following excerpt is from People v. McClam, 2015 NY Slip Op 50435 (U) (N.Y. Dist. Ct. 2015):
"Similarly, a warrant is unnecessary to search the operator of the vehicle where there is probable cause to believe that he is guilty of a crime, rather than merely a simple traffic infraction' (citation omitted)." People v. Chestnut, 43 AD2d 260, 351 N.Y.S.2d 26, 28 (3rd Dept. 1974) aff'd 36 NY2d 971, 377 N.Y.S.2d 564 (1975) See also: People v. Virges, 118 AD3d 1445, 987 N.Y.S.2d
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