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by gigag04
Thu Mar 03, 2011 5:50 am
Forum: LEO Contacts & Bloopers
Topic: Border Patrol Probable Cause
Replies: 19
Views: 3382

Re: Border Patrol Probable Cause

srothstein wrote: I can make a search incident to arrest for any evidence that might help prove the crime. I can then search the car for his license. And if I find anything else while I am searching, it is legal to use.
IMO after Gant in 2009, an officer would be making bad case law if he did so. "Searching for his license" is pretty feather-legged. With CAD and the ability to search the DL record either the person exists or they do not. I'm not sure I could articulate PC for a search of a vehicle for a DL after the subject was lawfully arrested. And thanks to stupid AZ and their consistent ability to put out bad SC cases for LE, with Gant we lost search incident to arrest of the vehicle.

I actually agree with the ruling, and can see the potential for abuse. It does however make my job more difficult.

The above is slightly of topic, but I'm curious if you would agree with my thoughts on the situation we face post-Gant?
by gigag04
Tue Mar 01, 2011 1:15 am
Forum: LEO Contacts & Bloopers
Topic: Border Patrol Probable Cause
Replies: 19
Views: 3382

Re: Border Patrol Probable Cause

I like the idea in concept of "trying it out" but I don't think it would end well. I think their authority and scope needs just a bit more specificity, if not an exception spelled out in the Chapter 2 of CCP. However, I appreciate the difficulty in their job, and I think they are at least ONE LE agency that most (legally residing) people in TX sympathize with. They're trying to play whack-a-mole with a handful of agents on a thousands of miles of game board. The CBP/ICE agents I have dealt with were great (not TSA).

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