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Cops allowed to search car?

S

shamrock1313

Banned
Are cops allowed to search your car? I was talking to my friend about it, and he said they aren't allowed, but I thought they are allowed under special circumstances. Like if they are suspicious that you have something. Last night I guess the cops wanted to search one of my friends' car. I think he had weed or alcohol in it. :\ I don't like the kid so I really shouldn't say friend, but I guess the cops asked, and he told them they weren't allowed.

Anyway, are they allowed or not?
 
As I understand it, if they have probable cause that there is something illegal in the car, then yes. Otherwise, they have to ask. However, I'm not a lawyer, so YMMV.
 
http://www.nolo.com/article.cfm/ObjectI...B69-4EED-A34B6F4035C8BE0E/104/263/ART/

If the officer has a reasonable suspicion you are armed and dangerous, she can frisk (pat down) you. Similarly, if the officer reasonably suspects that you are involved in criminal activity she can also perform a pat down. And if the police officer has probable cause -- a reasonable basis or justification to believe that you or your passengers are involved in criminal activity -- they can search your car and objects belonging to passengers.
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Technically, they aren't allowed to search without probable cause.

In the real world, if a cop wants to search your car, he will.
 
The police can search your car anytime they want. As for the legality of their search -- that's where the courts come in. Most just rubber stamp'em, so never ride with anything illegal in your car.
 
Originally posted by: Eli
In the real world, if a cop wants to search your car, he will.
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Yup, if you look at the cop funny, have long hair or even have a dead sticker on your car you can and quite possibly will be searched.
 
Originally posted by: Eli
Technically, they aren't allowed to search without probable cause.

In the real world, if a cop wants to search your car, he will.
Click to expand...

QFT. They have a reason..even if they don't have one.
 
probable cause

they can search your car if they have reasonable suspicion that you may possess something illegal. for example, if you were driving wrecklessly, the police can legally search your car because it is reasonable for him to suspect that you may be abusing illegal substances.
 
Originally posted by: shamrock1313
Are cops allowed to search your car? I was talking to my friend about it, and he said they aren't allowed, but I thought they are allowed under special circumstances. Like if they are suspicious that you have something. Last night I guess the cops wanted to search one of my friends' car. I think he had weed or alcohol in it. :\ I don't like the kid so I really shouldn't say friend, but I guess the cops asked, and he told them they weren't allowed.

Anyway, are they allowed or not?
Click to expand...

So what happened afterwards?
 
Originally posted by: Eli
Technically, they aren't allowed to search without probable cause.

In the real world, if a cop wants to search your car, he will.
Click to expand...

But when asked always say no if you have anything illegal. If the cop finds something and you said yes to the search then the search is legal if he finds something and you said no you can challenge the search in court.

Also don't keep anything illegal with in the reach of a passanger. The police can search that area for there safety with out having any reason.
 
Originally posted by: EGGO
Originally posted by: shamrock1313
Are cops allowed to search your car? I was talking to my friend about it, and he said they aren't allowed, but I thought they are allowed under special circumstances. Like if they are suspicious that you have something. Last night I guess the cops wanted to search one of my friends' car. I think he had weed or alcohol in it. :\ I don't like the kid so I really shouldn't say friend, but I guess the cops asked, and he told them they weren't allowed.

Anyway, are they allowed or not?
Click to expand...

So what happened afterwards?
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I don't know. I wasn't there to witness it. That is just all I heard from my friend.
 
They can do whatever they want. It's called probable cause. It may not stand up in court but then again it may. Why do you ask?
 
Originally posted by: Astaroth33
As I understand it, if they have probable cause that there is something illegal in the car, then yes. Otherwise, they have to ask. However, I'm not a lawyer, so YMMV.
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yep, you got it. you can refuse to let them search, unless they can see something illegal, like open alcohol or an illegal weapon or something.
 
Originally posted by: joedrake
Can you remove stuff from your house while the cops are in it on a search warrant?
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No. Cops usually will ask the occupants of the house to stand aside why they do their search.

 
BTW-I've been pulled over with a loaded handgun under the passenger seat by CHP. I was in a black Mustang GT convertible and I gunned it with a CHP motorcycle cop in my right blind spot (top up=huge blind spot in those cars). He immediately pulled up behind me and flashed the lights and I pulled right over. He came up to the passenger window and the first thing he said was "what were you thinking, didn't you see me?" I told him that I had the car tuned up earlier and wanted to see what she could do and that I honestly didn't see him.

Anyway, he wrote me up for 75 in a 65 zone. I was probably doing closer to 85 when he pulled me over.

BTW-I'm a white guy and was in my early 20s at the time with a short business haircut and no facial hair.
 
Originally posted by: shamrock1313
Originally posted by: JulesMaximus
They can do whatever they want. It's called probable cause. It may not stand up in court but then again it may. Why do you ask?
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Read the damn post!
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I read the damned post. You were vague about what happened and I think I answered your question.
 
Originally posted by: joedrake
Can you remove stuff from your house while the cops are in it on a search warrant?
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Legally? Probably not. However, I can't think of any situations in which you'd WANT to remove stuff from your house while the cops are searching it that aren't already illegal. So practically...if you have the need....try.
 
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