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searching my trunk
- Thread starter lilj888
- Start date
lilj888 said:
that was the probable cause..
the protection of evidence..
example, you are in a locked car, with the windows rolled up, the police have stopped you for speeding..
as the officer approaches the car, he notes that you are shoving a green leafy substance into your mouth, and the windows are closed, and doors are locked..
he gives an order for you to stop, and to open the door, you continue to destroy possible evidence, he has every right to forcibly (break glass and choke you out to stop you from swollowing the evidence) secure the evidence.
that's the law, and rules for search and seizure.. at least it was when i went through the police academy.. but that was in 1979.. there have been slight changes, but the preservation of evidence is still true..
good luck..
partagus
New member
lilj888 said:
In my time in Law Enforcement, I had a lot of people complain about illegal search and seizure. I never had one case thrown out becuase in my written report, I was always able to clearly state why I had probable cause. You being drunk or people ratteling around usually is enough. Especially now, in the Orwellian days of George Bush, the rules are completely out the window.
I am no longer a cop, but I work in a jail. Pre-9/11, if you and I were face to face on the street, I could tell you "I'm going to kick your ass" and nothing would happen to me. I would not have committed any crimes. Now, if I say that to you it is considered "making terroristic threats" (at least where I live) and it is an arrestable misdemeanor. Times are a changing brother, and not for the better.
Spend the money on a good lawyer and learn from your interaction with law enforcement. GOOD LUCK!!!
If a police officer asks your permission to search, you are under no obligation to consent. The only reason he's asking you is because he doesn't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rights you have—your Fourth Amendment protection against unreasonable searches and seizures.
A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person.
Don't expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny the officer's request.
If, for any reason you don't want the officer digging through your belongings, you should refuse to consent by saying something like, "Officer, I know you want to do your job, but I do not consent to any searches of my private property." If the officer still proceeds to search you and finds illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.
You should never hesitate to assert your constitutional rights. Just say "no!"
A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a general rule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search can be used to convict the person.
Don't expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights before asking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people are predisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, "Would you mind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny the officer's request.
If, for any reason you don't want the officer digging through your belongings, you should refuse to consent by saying something like, "Officer, I know you want to do your job, but I do not consent to any searches of my private property." If the officer still proceeds to search you and finds illegal contraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.
You should never hesitate to assert your constitutional rights. Just say "no!"
GeneticMutation
New member
advanced-stealth said:
Whoa really? here in Canada, people consenting to a search must be dutily informed of their right to refuse consent, their right to revoke consent when given as well as to be informed of consequences of the search.
Now, I'm not saying cops always do the above, but it is required by law technically.
Interesting how law differs country to country.
Not here.
msam76
New member
If it is locked, they cannot. Police can only search what is in your "grabbable" area, which, if you are in the front seat, you cannot grab anything from your trunk to use against them. But, might as well consent anyway, otherwise they will arrest you on so stupid charge and have your car towed to the police impound where they will search every crack of your car. You just can't win.
