[heyday]

Originally Posted by Shoonra

I disagree. The legal trend of thought is that IF you were pulled over for ANY plausible reason, such as a cracked windshield, then (1) the cop has the right to see, and the driver has the legal duty to present his DL and registration, and (2) whatever is in PLAIN VIEW can be the basis for further police inquiry and action (e.g., drug paraphrenalia).

Under the 7th and 10th Circuits that conclusion is qualified by the crack:

The propriety of the traffic stop does not depend . . . on whether Cashman was actually guilty of committing a traffic offense by driving a vehicle with an excessively cracked windshield. The pertinent question instead is whether it was reasonable for Trooper Spetz to believe that the windshield was cracked to an impermissible degree."

See footnote 3 of

TRIPP, JR. v. STATE ex rel. DEPT. OF PUBLIC SAFETY, 2005 OK CIV APP 47, 117 P.3d 266