Traffic and Vehicular Arrests Evidence Act

Summary

Traffic and Vehicular Arrests Evidence Act - Provides that a warrantless search of a person or his property incident to an arrest for traffic or vehicular law violations is prohibited, but that this provision shall not be construed to: (1) prohibit a warrantless search of the person or the area within his immediate control if the arresting officer has probable cause to believe that the search will produce evidence of the traffic or vehicular violation with which the person has been charged, and if the arresting officer conducts a search limited in scope to an intrusion that is appropriate to the discovery of the evidence that is sought; or (2) prohibit the arresting officer from conducting a search limited in scope to an intrusion that is appropriate to the discovery of any hidden weapons if he reasonably believes that the person arrested is armed and will endanger him as he is making the arrest. Provides that a warrantless search of a person or his property incident to any pretrial custody, detention, imprisonment, or other incarceration of that person which follows from his arrest on charges of traffic or vehicular law violations is prohibited, except that a limited search for weapons under such circumstances is permissible. Defines the terms used in this Act.

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1 official file

• Introduced in Senate

  summary · EN · 30 September 1975

  Open at official source

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