searching my trunk

[bigdofba]

The Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

That sounds nice but it shouldn't be comforting.

I have known people in LE and even been on a ride a long before. It gave me some good insight on how things are done.

Cops can search someone's trunk pretty much anytime they want. Almost anything can be considered probably cause. Likewise, a cop can pull over anyone they want. It is impossible to drive 100% perfectly all the time therefore if a cop feels someone is dirty they can pretty much find a reason to pull that person over.

People need to be careful and act normal but don't be under any false assumptions that your car can't be searched without a warrant.

 

[gslben]

You are correct sir.

45 year old women driving their Camray's to work have to go out of their way to get pulled over. But someone they want to take a look at will cross the center-line or the shoulder line or have an expired Reg or inspection sticker or a tail/plate/headlight/directional light out or go 4mph over or fail to signal or have set-back at a stop sign etc. if you follow them long enough.

Once they have you over forget it....It's like shooting fish in a barrell.

"Furtive gestures" are the keys to the kingdom. "Well I saw him reach under the seat or towards the back seat and feared for my saftey" At that point you out of the car and at least the passenger compartment is being searched and if they can find a reason to tow it like the inspection sticker failing for saftey or the things I mentioned above then they are going through the whole car.

 

[Singleton]

The Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

I said that once to a cop who wanted to search me.

He got aggressive and grabbed me. I pulled back out of reflex.

There were other cops around who I did not see.

They beat me, threw me in the wagon, charged me with two counts A&B on public officer.

I had a good court appointed atty. There was a civilian witness. I was lucky. The cop never got in any trouble, of course. In fact, he came and lied on the stand to a full jury.

If I had not had those, I'd be a burger-flipping ex-con.

Trying to avoid this sort of Drama. Cops will fuck things up sometimes; it depends on the situation and people involved. Looking like a thug will not help.

 

[herblcure]

Listen - if you are driving drunk and still arguing about whether or not it is your constitutional right to not have your car searched, you have a serious problem. It is your moral right to not drive drunk...you can't possibly argue about someone searching your car when you have already broken the law by driving intoxicated.

Once you have given him prob. cause, he can do anything. For example - perhaps he was searching to see if there were any open containers in the car. Since you were drunk, this is good reason for him to search. If he finds other shit during the search, then you simply are outta luck. Besides, why keep shit in your car that is not legal while you are drunk driving? Are you trying to get into some serious trouble?

You can also reject a search just like you can reject to take a breathalizer test - at which time your car can me impounded and searched at a later time.

IMO - don't drive drunk to begin with - but if you simply dont have a choice (hmm not sure I like how that is worded) get the illegal shit outta your car before hand. (if that makes any moral sense at all)

 

[chewyxrage]

Listen - if you are driving drunk and still arguing about whether or not it is your constitutional right to not have your car searched, you have a serious problem. It is your moral right to not drive drunk...you can't possibly argue about someone searching your car when you have already broken the law by driving intoxicated.

Once you have given him prob. cause, he can do anything. For example - perhaps he was searching to see if there were any open containers in the car. Since you were drunk, this is good reason for him to search. If he finds other shit during the search, then you simply are outta luck. Besides, why keep shit in your car that is not legal while you are drunk driving? Are you trying to get into some serious trouble?

You can also reject a search just like you can reject to take a breathalizer test - at which time your car can me impounded and searched at a later time.

IMO - don't drive drunk to begin with - but if you simply dont have a choice (hmm not sure I like how that is worded) get the illegal shit outta your car before hand. (if that makes any moral sense at all)

Agreed 1000%

 

[bushmills]

the police can search your trunk with probable cause;a reasonable belief that a person has committed a crime. if your dui then thats grounds for suspicion, facts and circumstances warrant a search

 

[1500]

Cop - out. pun intended. Searching cars has to be the biggest violation of this amendment. Cars are no different than a house. Tell them to go get a warrent!!

WRONG!!! read up on the vehicle exception rule.

 

[bushmills]

Even if the police have enough time to obtain a warrant, police may still conduct a search of the car if the officer has probable cause of criminal wrongdoing. Unlike a home, cars can easily be moved, and the Supreme Court has reasoned that drivers do not have the same level of privacy in a car as do they in their home. In fact, once an officer has established probable cause to search the car, an officer can also search objects belonging to the passengers. If police discover incriminating evidence, both the passenger and the driver can be arrested.

 

[bigdofba]

Even if the police have enough time to obtain a warrant, police may still conduct a search of the car if the officer has probable cause of criminal wrongdoing. Unlike a home, cars can easily be moved, and the Supreme Court has reasoned that drivers do not have the same level of privacy in a car as do they in their home. In fact, once an officer has established probable cause to search the car, an officer can also search objects belonging to the passengers. If police discover incriminating evidence, both the passenger and the driver can be arrested.

Thank you.

People are stupid if they think their car can't be searched. LE can come up with just about any reason to search a vehicle. They don't need a warrant.

I have done a ride-along before for educational purposes. I got some insight on how things work. People can talk about amendments and rights all they want. If the cops know you are dirty you will most likely get busted. Forget about what rights you think you have.

My advice, don't be stupid. Plan and simple.