Question

Three police officers, including Maria Trevizo, pulled over a car with a suspended registration. One of the occupants, Lemon Johnson, wore clothing consistent with membership in a gang. Trevizo searched him “for officer safety” and found a gun. Johnson was charged with illegal possession of a weapon. [Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009)].

Questions: What standard should apply to an officer’s search of a passenger during a traffic stop? Should a warrant be required? Could a search proceed solely on the basis of probable cause? Would a reasonable suspicion short of probable cause be enough?

Answer 1

In this case three NY police officer stopped the car and identified that the driver is wearing the dress code of a gang.Additionally,he was found to possess a gun without a warrant. The suspects need to be taken into custody only when there is a probable cause as the police officer cannot conduct the search based on reasonable suspicion as the fourth amendment prevents them from doing so. For conducting a full scale search the officer needs to find evidence such as illegal possessions of fire Arms, stolen goods or property,drugs and other illicit material.Hence it is ascertained that the police officer needs a probable cause to conduct a full scale search operation.