Is tailgating probable cause for a vehicle search? What are my rights when I know I haven't done anything?

9 views 4 answers
Being innocent, I probable shouldn't care and just let the search happen, but it seems that there was no probable cause While heading to the airport after visiting my bother in San Francisco, got pulled over for tailgating. Wasn't tailgating or speeding, had seat belt on, stopped at signs and lights, etc. Officer wanted to search car b/c apparently it is a 'drug corridor' and I was in rental car. I was very polite and respectful when asked for license and reg. I gave consent to search because a. arguing would cause more of a delay getting to my flight on time, b. there was nothing in the rental to find and c. the officer was insistent about searching. The officer tore apart all my luggage, lectured me about being in a rental car and consequently, I missed my flight.

Attorney Answers

4
John Brennan 3406040.Html ·
You consented to the search so probable cause isn't necessary. I'd actually be hesitant to let someone search a rental, never know what a previous occupant left there
0 upvotes
Julie Rendelman ·
You consented to the search, so there seems to be little issue.
0 upvotes
Jay Finnecy ·
I'm sorry you missed your flight, but since you both consented to the search and nothing illegal was found, you really have no complaint.
0 upvotes