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View Full Version : can the cops do this



JaycivicSi
01-25-2003, 10:32 PM
i got pulled over for doing 60 in a 40 zone but he searched me and searched the car. i was pretty sure he wasnt allowed to search me and the car but i didnt say anything. he ended up giving me a warning ticket so there are no fines, nothin. my brother and dad both said he prolly wasnt allowed to do that and i didnt ask my mom because she would flip and never let me drive again.

X 2KS2K
01-25-2003, 10:42 PM
good question. what can and can't the police legally do to someone who they pull over?

ssvr6
01-25-2003, 10:44 PM
They have to ask you unless they have reason to believe that something is in it.

At least you didn't get the speeding ticket.

Steve

fASTBACK
01-25-2003, 11:54 PM
A cop can only search your car against your will if there is reasonable suspicion to. Example: if he looks in and sees your bong under the passenger seat. Then he can search your car with out your permission or if your acting all funny.

SiRman
01-26-2003, 12:28 AM
From what I've seen on COPS, I think you have the right to refuse
a search of the vehicle. But if they are suspicious they can call in a dog and if the dog smells anything then they can search.

ep_nezay
01-26-2003, 12:38 AM
they have to have a propable cause, dont complain though u didnt get a ticket!

napapacoda
01-26-2003, 01:04 AM
Did you refuse the search? If not, you gave up your right to be searched. Other than that, its just like fASTBACK said.

EP3Hatch
01-26-2003, 01:24 AM
If your are pulled over for speeding (60 in a 40) then the cop is legally allowed to search you for weapons. But if he finds like a small bad of weed or something of the sort, he in not allowed to arrest you for it because that is not what he was searching for in the first place. Just a little something i learned in my law class. Hope this helps.

JaycivicSi
01-26-2003, 08:09 AM
"dont complain though u didnt get a ticket!"

yeah im really lucky, if he woulda gave me one i wouldve been screwed for months to come.

X 2KS2K
01-26-2003, 09:13 AM
Originally posted by napapacoda
Did you refuse the search? If not, you gave up your right to be searched. Other than that, its just like fASTBACK said.

That sounds reasonable. In college, I was at a small gathering at a friend's house, when 9 cops busted in with rubber gloves and searched the entire house. They said the front door was open, so they had the right to enter without a warrant, then they proceded to make my friend dump out drawers, trash cans... etc. My friend never refused to do anything, not knowing that he had that right. They ended up finding no underage drinking, no drugs, basically nothing. They wrote him up on a noise violation which was ridiculous because the stereo was barely audible inside the house, couldn't hear shat outside. He went to court to fight the violation, the cops didn't show, he had to pay it anyway. It's good to know your rights, because you can get screwed pretty easily if you don't. In Jay's case, you have to wonder if refusing the search would have bought him a ticket? Tough situation man, at least you got off with nada.

JaycivicSi
01-26-2003, 09:59 AM
yeah thats what i was thinking, if i woulda refused him to search i think the cop would have definetly given me the ticket. but i had no drugs or weapons or anything like that in the car so i let him search it.

IceD out N CALI
01-26-2003, 11:18 AM
all a cop needs to search someones vehicle is 'probable cause.'
'probable cause' is a loose definition

atl-si
01-27-2003, 11:12 AM
They've got no right to search you unless your driving high or drunk and your shooting at them out your window. Also, you have to consent to to a search but at least you didn't get a ticket though!:)

hacim
01-27-2003, 02:28 PM
Did he open the stash spot under the cup holders or what? Curious if he even knew it was there.

Slainte
01-27-2003, 03:10 PM
Originally posted by hacim
Did he open the stash spot under the cup holders or what? Curious if he even knew it was there.

Shhhhhhhhhhhhhhhhh...! ;)

PoRT
01-27-2003, 03:18 PM
you want my advise? sit back, say "yes sir" and shut up. lol probable cause is a VERY loose definition. infact, you will never win against something like that. i live in New Orleans, the home of the crooked police LOL. if they want you busted for something.. our busted! plain as that. i'v been in a car where a cop pulled a baggie out of his pocket and ssaid "oh, look what we have here" all this b/c a friend of mine was a hot head. and then you have the "Street Crimes" unit. who can pretty much just beat you down for no reason and u cant do shit about it. when i get pulled over, i say yes/no sir, and pray hehe

JaycivicSi
01-27-2003, 04:19 PM
i think he did check under the cupholders b/c it was open when i got back in.

and port, i did exactly what you said, i just said yes sir and no sir and thats about it. i couldnt believe he didnt ticket me though.

IceD out N CALI
01-27-2003, 04:27 PM
Originally posted by PoRT
you want my advise? sit back, say "yes sir" and shut up. lol probable cause is a VERY loose definition. infact, you will never win against something like that. i live in New Orleans, the home of the crooked police LOL. if they want you busted for something.. our busted! plain as that. i'v been in a car where a cop pulled a baggie out of his pocket and ssaid "oh, look what we have here" all this b/c a friend of mine was a hot head. and then you have the "Street Crimes" unit. who can pretty much just beat you down for no reason and u cant do shit about it. when i get pulled over, i say yes/no sir, and pray hehe

you know what. you're right. cops can get away with a lot. we dont have as many "rights" as we think. jus say yes sir etc, let them get off their ego thing, and then be on your merry way.