What is the lawfulness of search and seizure in the passenger compartment of a car?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wilmoth, 89 F.3d 848 (9th Cir. 1996):

We review de novo the lawfulness of a search and seizure, and for clear error the district court's findings of fact. United States v. Huffhines, 967 F.2d 314, 316 (9th Cir.1992).

The search of the passenger compartment of an automobile is permissible if a police officer reasonably believes that a suspect poses a danger and might gain immediate control of weapons. Michigan v. Long, 463 U.S. 1032, 1049-50 (1983). The court noted that the "danger may arise from the possible presence of weapons in the area surrounding a suspect." Id. at 1049.

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