Cops allowed to search car?

[alien42]

Originally posted by: bradruth

Originally posted by: MX2times
Paging BradRuth

It depends on what type of search we're talking about. Of course plain view searches are always allowed, so whatever can be seen without manipulating anything is fair game. If we're talking about a full search of the vehicle then there needs to be PC or consent. PC can come in many different forms, but the most "airtight" of which would probably be search incident to an arrest. If they find something else to hook you up for, then they have cart blanche to search the entire passenger compartment of the vehicle, including any containers or packages left inside the vehicle by the driver OR any occupants.

what do you mean by "search incident to an arrest"


and if a cop wants to search your car then they will. i have had several friends whose cars were searched and the cops said they smelled weed. in all cases it was complete BS.

 

[FoBoT]

if they arrest you, then they can search you and the car all they want, because you are arrested

for example, they pull you over for a tail light being out , and run your name and find you have a warrant for your arrest. they arrest you on the warrent, then search you and your car and find a box with some vials of white powder in them

 

[bradruth]

Originally posted by: alien42

Originally posted by: bradruth

Originally posted by: MX2times
Paging BradRuth

It depends on what type of search we're talking about. Of course plain view searches are always allowed, so whatever can be seen without manipulating anything is fair game. If we're talking about a full search of the vehicle then there needs to be PC or consent. PC can come in many different forms, but the most "airtight" of which would probably be search incident to an arrest. If they find something else to hook you up for, then they have cart blanche to search the entire passenger compartment of the vehicle, including any containers or packages left inside the vehicle by the driver OR any occupants.

what do you mean by "search incident to an arrest"

A search "following" an arrest. If you are arrested for something you're entire person can be searched, as well as any areas under your immediate control. If you're taken from a vehicle the entire passenger compartment can be searched.

I put "following" in quotes because you technically don't have to be placed under arrest before the search incident to an arrest IF the arrest is deemed to have been inevitable anyway.

 

[bradruth]

Originally posted by: alien42
and if a cop wants to search your car then they will. i have had several friends whose cars were searched and the cops said they smelled weed. in all cases it was complete BS.

And then if they find something it will be tossed out in court.

 

[DaiShan]

Originally posted by: mjh

Originally posted by: joedrake
Can you remove stuff from your house while the cops are in it on a search warrant?

No. Cops usually will ask the occupants of the house to stand aside why they do their search.

Search warrants are generally fairly specific. If the search warrant is for guns, and you ask to take your pillow you're probably ok, but don't think that you can just walk out of the house with contraband and not get arrested.

 

[bradruth]

Originally posted by: DaiShan

Originally posted by: mjh

Originally posted by: joedrake
Can you remove stuff from your house while the cops are in it on a search warrant?

No. Cops usually will ask the occupants of the house to stand aside why they do their search.

Search warrants are generally fairly specific. If the search warrant is for guns, and you ask to take your pillow you're probably ok, but don't think that you can just walk out of the house with contraband and not get arrested.

You're probably not ok. A gun can be hidden within a pillow.

 

[OrganizedChaos]

"I respectfully do not consent to any search of my person, premises, vehicle or belongings."

They'll still search you, claim you gave consent, find a bag of crack, and you'll still go to prison though.

 

[alm4rr]

Originally posted by: jagec

Originally posted by: joedrake
Can you remove stuff from your house while the cops are in it on a search warrant?

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.

don't worry, you will be detained while they search.

 

[DaiShan]

Originally posted by: dman
From my watching COPS (heh) and reading other threads/forums, if you refuse and they want to search they may make you wait a while as they call for a K9 unit and have them sniff the car. Thus, giving them probable cause (or not) to search. So, if you are hiding something you'll just waste time and piss 'em off further.

I guess I don't fit the profile, because while I have been pulled over a few times over the years, I've never been asked, and I'm not sure how I would respond if I was. I wouldn't be hiding anything, yet I wouldn't want them messing around with my stuff either.

I was the DD one night when we went bar hopping and we took my friends 4 Runner that has some pretty crazy subs. We got pulled over because the officer could hear the music more than 25 feet away (shouldn't have been a problem to hear it 250 feet away heh) Anyways he pulls us over, had me walk a straight line and follow his finger (field sobriety test) then had me blow into a breathalyzer (I hadn't had a drink in over a week so I passed pretty easily) then they asked me to get back in the car and keep my hands on the steering wheel. 3 more cop cars come up and block us into the parking lot, then a k9 unit comes and they have him sniff the car. This whole process took probably 45min - 1 hour. In the end they gave me a $72 citation for breaking a city ordinance (sound level) which I appealed and had to pay $20.

 

[gigapet]

if you are concerned about your rights you should cough up the dough to get some small cameras mounted in the front rear and side of your car along with audio so you can record any encounters with police or otherwise. There is nothing like suing the police for violating your rights.

 

[axelfox]

Originally posted by: DaiShan

Originally posted by: dman
From my watching COPS (heh) and reading other threads/forums, if you refuse and they want to search they may make you wait a while as they call for a K9 unit and have them sniff the car. Thus, giving them probable cause (or not) to search. So, if you are hiding something you'll just waste time and piss 'em off further.

I guess I don't fit the profile, because while I have been pulled over a few times over the years, I've never been asked, and I'm not sure how I would respond if I was. I wouldn't be hiding anything, yet I wouldn't want them messing around with my stuff either.

I was the DD one night when we went bar hopping and we took my friends 4 Runner that has some pretty crazy subs. We got pulled over because the officer could hear the music more than 25 feet away (shouldn't have been a problem to hear it 250 feet away heh) Anyways he pulls us over, had me walk a straight line and follow his finger (field sobriety test) then had me blow into a breathalyzer (I hadn't had a drink in over a week so I passed pretty easily) then they asked me to get back in the car and keep my hands on the steering wheel. 3 more cop cars come up and block us into the parking lot, then a k9 unit comes and they have him sniff the car. This whole process took probably 45min - 1 hour. In the end they gave me a $72 citation for breaking a city ordinance (sound level) which I appealed and had to pay $20.

The real question is was the sound level worth to go through all that?