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by anigbrowl 1371 days ago
I don't know; also I'm not a lawyer so don't rely on me for legal advice!

I guess it would have turned on whether the cops' lingering suspicion was reasonable. Legally, this isn't so much weighing one point of view against another, as the LEO/state being able to construct a reasoned argument to justify the search - which is almost always possible.

For example, I recall a murder case where a guy was pulled over on the freeway in the small hours of the morning and turned out to have a dead body in the trunk. The defendant challenged the validity of the stop at appeal. The reason offered at trial for the stop was that a) there had been a string of auto burglaries in that area; b) it was dry but had rained earlier, and there were still water drops on the car - suggesting it had been parked a short time earlier; c) the freeway was almost empty but the vehicle as staying scrupulously at the speed limit. So the cop reason-ably suspected it could be a car thief and pulled the driver over to check. The court agreed.