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re: Question about getting pulled over
Posted on 3/10/20 at 4:22 pm to dakarx
Posted on 3/10/20 at 4:22 pm to dakarx
quote:
Failure to waive your rights (aka Noncompliance), tends to lead towards PC being invented, which will lead to impounding of the vehicle until a warrant can be issued.....and increased likelyhood of more evidence magically appearing in said vehicle once out of your possession/control.
What happens if there isnt anything? Would the person still be responsible for impound fees, etc?
Posted on 3/10/20 at 4:36 pm to momentoftruth87
quote:
When the police stop someone can cops open locked compartments?
No. They can only search within your arms reach as well for "safety".
Posted on 3/10/20 at 4:37 pm to NYNolaguy1
quote:
If a cop asks you if you can open the trunk, it is best to waive your fifth amendment right and do so
Search and seizure is 4th amendment brah.
Posted on 3/10/20 at 4:44 pm to momentoftruth87
No, without probable cause they cannot open closed or locked areas or items within the vehicle. You can consent to them opening things, but they cannot open without your consent. "Line of sight" used to be the standard, but that has been stretched over the years.
If they attempt to open closed areas, you are within your rights to demand that they stop the search of closed or locked compartments. They will attempt to convince you that they have the right because you consented to a search of the vehicle. You only consented to a "line of sight" search, however.
It is YOUR responsibility to know your rights when interacting with law enforcement. It is not their job to inform you of all rights you have. Likewise, it is not your responsibility to do their job for them or to even help them do their jobs.
In any instance of dealing with LE, be it pleasant or pointing out your lawful rights, it is wise to be as respectful as possible, even in a situation that you know you are within your rights.
In reality, though, you have little recourse on the side of the road. You can protect yourself to the best of your ability by knowing your rights.
If they attempt to open closed areas, you are within your rights to demand that they stop the search of closed or locked compartments. They will attempt to convince you that they have the right because you consented to a search of the vehicle. You only consented to a "line of sight" search, however.
It is YOUR responsibility to know your rights when interacting with law enforcement. It is not their job to inform you of all rights you have. Likewise, it is not your responsibility to do their job for them or to even help them do their jobs.
In any instance of dealing with LE, be it pleasant or pointing out your lawful rights, it is wise to be as respectful as possible, even in a situation that you know you are within your rights.
In reality, though, you have little recourse on the side of the road. You can protect yourself to the best of your ability by knowing your rights.
Posted on 3/10/20 at 4:49 pm to momentoftruth87
quote:
When the police stop someone can cops open locked compartments?
It's not worth the time to play that game.
Posted on 3/10/20 at 5:01 pm to momentoftruth87
Tell him: "Officer I have Coronavirus and AIDS."
Posted on 3/10/20 at 5:12 pm to momentoftruth87
quote:
When the police stop someone can cops open locked compartments?
Curious what the law is on this.
shite man, Jay Z wasn't even fricking cryptic.
"Well do you mind if I look around the car a little bit?"
Well my glove compartment is locked, so is the trunk in the back
And I know my rights so you goin' need a warrant for that
fricking kids these days.
Posted on 3/10/20 at 6:03 pm to TigerstuckinMS
Here is the actual answer for those interested. In sum, if they have enough PC to get a warrant then they don't need the warrant. The exception is called the Mobile Conveyance rule. It basically says, "if we wait around on a warrant the car might get away, so we don't have to get one. We just have to prove later that we had enough Probable Cause that we could have gotten one."
In the monumental case of Carroll v. United States, 267 U.S. 132 (1925) the Supreme Court found that a warrantless search of an automobile was reasonable if it was based on probable cause. In Carroll, law enforcement officers ripped up the upholstery of the defendant’s automobile after they developed probable cause that he was transporting bootleg alcohol. The Supreme Court held that this search was reasonable, even without a warrant, because of the inherent mobility associated with automobiles. Today, the automobile exception to the Fourth Amendment’s warrant requirement is well known. Yet does the exception allow law enforcement officers to open locked containers found while engaged in a lawful mobile conveyance search? Based on the many cases decided since the Carroll decision, the answer is yes. The Carroll case itself dealt with the destruction of the defendant’s property. To find the evidence sought, the officers had to rip into the automobile’s upholstery, which is even more intrusive than a search of a locked container. Nonetheless, the Supreme Court found the search to be reasonable within the meaning of the Fourth Amendment.
In California v. Acevedo, 500 U.S. 565 (1991), the Supreme Court reaffirmed its opinion in Ross by stating that if an
officer has probable cause to conduct a warrantless search of an automobile, he or she may also conduct a warrantless search of any containers found therein that may contain the item sought. In reviewing its decision in Carroll, the Court reasoned that if the destruction of the interior of the automobile was reasonable, then looking inside a closed container was reasonable. Logically, opening a locked container would be no more unreasonable than destroying the interior of an automobile.
In the monumental case of Carroll v. United States, 267 U.S. 132 (1925) the Supreme Court found that a warrantless search of an automobile was reasonable if it was based on probable cause. In Carroll, law enforcement officers ripped up the upholstery of the defendant’s automobile after they developed probable cause that he was transporting bootleg alcohol. The Supreme Court held that this search was reasonable, even without a warrant, because of the inherent mobility associated with automobiles. Today, the automobile exception to the Fourth Amendment’s warrant requirement is well known. Yet does the exception allow law enforcement officers to open locked containers found while engaged in a lawful mobile conveyance search? Based on the many cases decided since the Carroll decision, the answer is yes. The Carroll case itself dealt with the destruction of the defendant’s property. To find the evidence sought, the officers had to rip into the automobile’s upholstery, which is even more intrusive than a search of a locked container. Nonetheless, the Supreme Court found the search to be reasonable within the meaning of the Fourth Amendment.
In California v. Acevedo, 500 U.S. 565 (1991), the Supreme Court reaffirmed its opinion in Ross by stating that if an
officer has probable cause to conduct a warrantless search of an automobile, he or she may also conduct a warrantless search of any containers found therein that may contain the item sought. In reviewing its decision in Carroll, the Court reasoned that if the destruction of the interior of the automobile was reasonable, then looking inside a closed container was reasonable. Logically, opening a locked container would be no more unreasonable than destroying the interior of an automobile.
Posted on 3/10/20 at 6:47 pm to momentoftruth87
Not without a warrant or probable cause. However parameters for probable cause is pretty subjective in most cases.
Posted on 3/10/20 at 6:55 pm to Specktricity
quote:
This is so true. The law is they have to have probable cause, but the k9 will hit on 100% of the cars they inspect.
that's because their handlers can give a hand signal the dog is trained to respond to and alert even without smelling anything.
these "fake alerts" are standard training and used to get around illegal search issues the same way a cop can just say he "thinks" he smells weed
most car searches are illegal and unconstitutional but the courts wont say shite about it
do you realize they can use your refusal to consent to a search as probable cause to search since you wouldn't refuse unless you were hiding something illegal? I shite you not, its true
Posted on 3/10/20 at 7:02 pm to Tiger Prawn
quote:
Although watching Live PD has taught me that if they really want to search your car, they'll call in a K9
If the dummies on LivePD would just shut the frick up and respectfully invoke their rights, they would get away with a lot more shite.
Where are you coming from? Irrelevant. Where are you headed? Irrelevant. Do you have anything I need to be concerned about? I don't know what causes you concern.
Am I free to go?
Posted on 3/10/20 at 7:36 pm to momentoftruth87
Not without probable cause, but if they ask and you have nothing to hide its best to allow them because if they REALLY want to, they will find a reason.. Or say they have PC. But at that point be cool with them.. Will you video it. Try to video the area before they start just because you never know if they will try to plant shite on you (odds are they will not, but you really never know).
That's the best way to approach it if you don't feel like having to deal with a bunch of bullshite.
There is a difference between what they are/are not supposed to do and what happens. Arguing with them will only make the situation in the moment worse and if you stopped by some emotional frick boy cop he might end up doing something stupid that could seriously injure you.
That's the best way to approach it if you don't feel like having to deal with a bunch of bullshite.
There is a difference between what they are/are not supposed to do and what happens. Arguing with them will only make the situation in the moment worse and if you stopped by some emotional frick boy cop he might end up doing something stupid that could seriously injure you.
Posted on 3/11/20 at 12:28 pm to momentoftruth87
If you give them permission or you are arrested.
Posted on 3/11/20 at 1:16 pm to momentoftruth87
Man, I don't know.
When LEOs see me in my truck or luxury sports car, they drive the other way quick.
When LEOs see me in my truck or luxury sports car, they drive the other way quick.
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