Trooper stops a car and smells burnt marihuana in the car and also on the person of the driver after the driver gets out of the car. The trooper then searches the driver and finds meth. in the driver's shoe. I think it is a good search--can search the car so should be able to search the driver also--but cannot find case law on point. Has any body crossed this before?

If you purchase a TDCAA Warrantless Search & Seizure Manual authored by Diane Beckham, I can guarantee that you will be able to find the answer to your question.

[This message was edited by Ken Sparks on 08-24-05 at .]

[This message was edited by Ken Sparks on 08-24-05 at .]

A fine book. Guaranteed to be of help.

Carroll doctrine:

Requires probable cause to believe the vehicle contains contraband or evidence of a crime. Can search containers that could hold the contraband/evidence. (Carroll v. U.S., 267 US 132 (1925)). Includes passengers and their property. (Wyoming v. Houghton, 526 US 295 (1999)).

Now go buy the book and enjoy Diane Beckham's hard work.

Phillip, thanks for the help. I ordered the manual yesterday.