Can a Police Officer Search you/your ride
- Thread starter mr_Ginzo
- Start date
With probable cause,yes! For officer safety they can do a terry pat.
CobraXtreme
Banned
if they ask just say no, they are used to it and they will not search your car. But if they suspect anything then they can.
if they suspect anything? like you have been drinking or smoking? i hate how broad it is..."IF THEY SUSPECT ANYTHING?!"
thats dumb, they can always just say they thought you were smoking...laws make me angry sometimes(but what can we do?!)
thats dumb, they can always just say they thought you were smoking...laws make me angry sometimes(but what can we do?!)
No, not "anything" I need probable cause to conduct a warrantless search on a vehicle. Probable Cause has to consist of "something" tangible, hunchs alone do not count. Now I can use all 5 senses to establish probable cause that you have contraband in your vehicle, and no 1 thing has to be the dead giveaway, rather taking in the totality of the circumstances can establish PC. For instance, I walk up on a car and notice an empty holster in the back seat through the window...it's certainly reasonable to think there is likely also a firearm in the car. Or if you role down your window when I stop and you absolutely reek like pot. These are tangible things which lead me to believe contraband is in your vehicle and that I could articulate in court.
Dan
"all 5 senses"
THANK YOU! [ for those no familiar with capital letters..that's a yell ]. those officers who read the book..and know what they're doing can articulate reasons for a legal search! It does my heart good to see the above post...someone..who has obviously read "the book". You make my life much easier!
Sorry for the below..duplicate post.....:shrug:
THANK YOU! [ for those no familiar with capital letters..that's a yell ]. those officers who read the book..and know what they're doing can articulate reasons for a legal search! It does my heart good to see the above post...someone..who has obviously read "the book". You make my life much easier!
Sorry for the below..duplicate post.....:shrug:
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"all 5 senses"
THANK YOU! [ for those not familiar with capital letters..that's a yell ]. Those officers who read the book..and know what they're doing can articulate reasons for a legal search! It does my heart good to see the above post...someone..who has obviously read "the book". You make my life much easier!
THANK YOU! [ for those not familiar with capital letters..that's a yell ]. Those officers who read the book..and know what they're doing can articulate reasons for a legal search! It does my heart good to see the above post...someone..who has obviously read "the book". You make my life much easier!
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Just an FYI.... When the officer establishes probable cause he can search your vehicle wherever he could reasonable find the item for which he has established PC. In addition because a car is a Mobile conveyance (Carrol Doctrine) the officer is not required to get a warrant signed and can search your car on the spot.
They do what they want most of the time. Say your acting strange. Well acting strange just means your wierd. I know most cops will take this the wrong way but all the cops I've come across will search the car whether u let them or not. In the end I was always let go with out any reason or told anything then your free to go. Four times and only once did they have a reason to stop me!
An officer can only search your car if he has permission of if he sees something funny in your car. I never give them permission to search my car.
DEPENDS.
If their is probable cause to search your car they can search your car wherever the item could be secreted.
Example - Police officer pulls you over for a broken taillight. Upon asking you questions about your taillight the officer notices that you reek of marijuana. He looks in your eyes and notices your eyes are bloodshot. Hanging from your mirror he notices paraphenalia that he identifies as a roach clip. Under these circumstances I would say he has probable cause to believe you may be in the possession of marijuana. If he is looking for a joint he can look anywhere a joint could possibly be in your car including locked containers or compartments.
However if an officer receives a tip from a reliable source that you are transporting a spare tire that contains marijuana. The officer may not be able to open your glovebox because it's unreasonable to believe a spare tire could be in the glovebox.
Secondarily, depends on where you are. I'm speaking of Fed law and basic 4th Amendment search and Seizure rights. States and Federal District Courts may have additional requirements for a "legal warrantless search" to occur.
Hope this helps.
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I will agree that an experienced officer will be able to articulate reasons leading toward probable cause(PC). Being weird is not one of them. If they search your car they are doing it because they have PC to do so. If they are searching your car without PC or consent you can sue them.
I guess by funny you mean articulable facts leading the officer to believe that you are (probably) breaking the law...
Very interesting, but, check this one out.
Last night, was watching a new Cop show, something LasVegas I think, anywho.
They pull over a truck. Both walk up, then start screaming get out of the truck blah blah.
End up tellin the guy to "spit it out" an the guy does, a breathe ment. :lol1:
Anyway, yea, the guy was covicted years prior on meth charges, but damn, they mentally 'tried' to beat that guy down, and even on the 'edited' tape of the show, he was owning those guys.
Anywho, to the poster, remember your amendments, we'll have to use them VERY soon. :rockon:
DMcBrideBoston
New Member
In the state where I live, MA, unless you grant the officer permission to search the trunk/glove box, these area's are off limits. PC is limited to field of vision. If the person is thought to be high or drunk or carrying a weapon; the police officer would take the person into custody, impound the vehicle and if a warrant was granted at a later time, the trunk/box could be opened.
Only the passenger compartment is subjec to search during a routine stop.
Unless there is PC to open it; (ie) Someone banging on the trunk from the inside, a bag of dope seeping from the glove box.
Dave
Okay, that doesn't sound correct. When a person is taken into custody, arrested, a search incident to arrest is authorized. The police can then search anywhere within the arrestees immediate grabable area or anyplace in the car the suspect could reach. That includes locked or unlocked containers or compartments. This search is seperate and distinct from a Carrol search.
Ref: Carrol vs. USA.
It is the mobile conveyance exception to the warrant requirement. This is the circumstance where an officer develops probable cause on a routine traffic violation that you probably commited a crime (PC) and that their is something seizable in your vehicle. Under those circumstances with articulable facts the officer will not need your consent to search anywhere in your car.
For example, you are parked outside a home where the officer knows from prior experience is a crack house. Many arrests at the house etc. etc. You have drug paraphenalia in your vehicle. The officer looks in your vehicle and determines, from articulable facts, that your passenger is under the influence. The officer is going to be able to search your car without your consent or a warrant. He will be able to look anywhere rock cocaine could be secreted in your car or on your person including locked and unlocked compartments.
Lastly- if your vehicle is impounded in conjuction with your arrest the police are required to get a warrant to search your car. However, they can easily get around this as well. Most police offices are required to "inventory" a vehicle when they impound it to protect the agency from suits. This requires that they look everywhere in your vehicle. If they find something during this search they can also use it against you.
Sorry for the long post, hope this clarifies things a little. YEAY CLEAR AS MUD:burnout:
to the guy that says he always says no to an officer to search the car. All the officer has to do is call for a k-9 and even though the the dog doesnt hit on something in the car it can be made that the dog did hit on something and then ur nice paint job will have claw marks on it . if an officer expects something and you no there isnt anything to worry about let em search .
By the way im a sheriff deputy.
By the way im a sheriff deputy.
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Someone says no to a search and an officer goes out of their way to make their lives difficult and possibly cause damage to their property simply because they exercised their constitutional rights to limit a fishing expedition. Our rights exist for a reason, and a person should not have to suffer retribution for exercising those rights.
Probably the exception not the rule. I have seen how the deputies conduct business here and 95% of them are professional and do not abuse their authority.
You can always file a claim against the county and get paid for the damages caused to your property.
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