This is why you should NEVER NEVER Talk To police....

you'd be wrong. The Supreme Court has said officers can search any compartment inside a car that can contain the contraband they have probable cause to look for. So if they smell marihuana, they can search bags in the car, the glove compartment, etc.

As for searching the trunk - if they have PC to arrest you (which by the way can be any traffic violation other than speeding and open container - the only 2 offenses that are purely ticketable) they can search your car incident to arrest. If they decide to tow your car, they can inventory it - that includes the trunk.

As for those who said you need a warrant to search a car - there's an exception specifically called the automobile exception. A warrant isn't neccesary.

 

Holy ****!!!!!!

Someone spoke some truth in here on this simple, yet confusing to many, subject.


"Basically, if a cop wants to search your car he can and will. If you're going to carry contraband, keep it in the trunk and follow all the traffic rules "


I'd like to talk more about this, but these boards are public.

 

Again, for those who think you need a warrant to search a car (Wouldn't that be funny...."Hey buddy, hang tight. I am going to run to the office real quick, type up my affidavit of PC, and run to the judges office and get him to sign off on my warrant. Shouldn't take more than an hour. I'll have that warrant and we'll get that car searched.") you need to look at the CARROLL DOCTRINE.

 

That is horrible.....cops should not be allowed that much power, they are just as susceptible to corruption as every other person.

DD

 

You think it's ok for people to run around with loads of drugs in their vehicle and there not be a chance of getting into trouble? Or other fruits/tools of the crime?

Wouldn't you like to think that if someone stole something from you the police would be able to use some of that authority granted to them by the code of criminal procedure/constitution to get your stuff back?

As I said earlier, the police must be careful. Nit-pickin lawyers are going to try to get all of your PC tossed in the garbage. They will try to manipulate each word you say to mean something different. The police CAN NOT walk on your rights.

 

I think that asking police to be the judge and jury in these situations is a slippery slope.

I think the police mean well, but they are just as fallable as everyone else...

They should be limited in what they can do...

DD

 

Um, we are limited in what we can do.

We are very limited in what we can do.

If we don't have probable cause or reasonable suspicion, we have nothing.

When you start committing a crime is when you notice what we can do.

 

WWR.....I think Police do the best job they can, but I think they get too much benefit...

I don't believe an officer over a citizen.....they both have the same amount of credibilty in my eyes.

DD

 

What prevents any police officer from making up a probable cause?

 

Generally speaking, at least the officers I know and work with, would never do anything unethical or illegal. But I think what prevents us from making up PC is our moral and ethical obligations. We're sworn in to uphold the law of this land.

Sure, you can walk up to a car and say you smell mar1juana. And based off of that you can search EVERY SQUARE INCH of that vehicle. But what if you didn't smell mar1juana?

See where I am going?

We're held to a higher standard than the public.

I'd like to say we prevent ourselves from making up PC.

 

WWR, you may believe that, but it is just not true.....police are not held to a higher standard, and what do you mean...than the public?

The police are part of the public.....they have no more rights than the general citizen.

In my perception the police think many people are perps.....they protect their brotherhood by letting other officers off of speeding tickets, or other small infractions.

The police are there to protect the peace, but I would hardly say they are held to a higher standard...as a general rule.

You may feel that way, but the incidence of crime in the police ranks has got to be just about the same as the rest of the general public.

DD

 

I'm as liberal as they come and a big proponent of civil liberties, but allowing police officers the discretion to search a car as a result of probable cause is not an infringement.

I grew up in the 60-70's with hippie long hair and drove "probable cause" looking cars most of those years. I understood I was a target and was pulled over many times for DWLH (driving while long-haired). By being polite, cooperative and courteous, I received the same treatment in response and nearly always received only a warning. My car was searched numerous times but I was not stupid enough to be carrying anything (that could not be eaten).

I have never had a bad experience with a police officer, even the time they input my TDL wrong (transposed numbers) and it came back as "wanted for murder and armed and dangerous." The police officer was very nervous, but polite and subsequently very apologetic when the error was discovered. We both laughed about it.

I know there are bad cops, but the vast majority are not bad cops. I don't understand the endemic fear and mistrust people have of police officers. Act like an ******* and you deserve what you get.

Thanks for the job you do WWR.

 

Carmelo tells people not to snitch and he gets in trouble, but he was just telling it how it is. The cops are not your friends. There are 10000 ways they can get you. Now we have a law professor telling us the same.

 

I always thought criminal justice was interesting. I remember learning that the whole "You can't search a locked trunk without a warrant" argument is pointless. Even if a warrant was needed the police officer could just place you under arrest, wait for his warrant, and search your trunk. Probable cause is all an officer needs, and it's very hard to fight it in court.

I really don't think probable cause gives cops too much power. It's only a problem if your doing something illegal. Even if a cop makes up a PC and finds something on you....well all I can say is....you had it coming and you shouldn't be doing anything illegal in the first place.

 

WWR,

This statement is wrong in the circumtances of your response to the original poster...who was suggesting alcohol in the drunk during a traffic stop.

I understand the mobility differences between car vs house. but I was trying to discuss traffic stops, without probable cause... isn't that what we are talking about?

<a href="http://en.wikipedia.org/wiki/Knowles_v._Iowa">KNOWLES v. IOWA</a>. This case found pot during a traffic stop and arrested the driver. It was a 9-0 ruling against the search.

In a traffic stop (without arrest), you cannot wontonly do a search anymore than you can a house.

 

One of my good friends (the one who turned me on to these boards) has you on ignore. I now understand why.

Are you serious? You don't think the police are held to a higher standard? Are you freaking serious?
For example, I have access to databases where I can get everything I need to steal countless numbers of people's identities.
I am trusted with a pistol to be carried around at all times.
I have the powers of arrest, search, and seizure.
Do you think you'd want someone sh!thead in my position?
Would you want a person with an extensive drug history, or a thousand page criminal history doing my job?
Don't even answer.



Go apply at a dept. and see if you get past the initial hiring phase. I'd say 3% of the applicants get hired that apply to my dept.

To say that we aren't held to a higher standard is quite ridiculous.

Not even close.

We have the same rights as a human being, but we have more authority.

 

This puppy is going to end up in D&D,

But before that happens...

I am sure you all have heard about the riots a couple of years ago in Cincinnati. We were all under curfew, there was looting all over the city, and riots even in parts of the suburbs... all because a kid, who his mama claimed "Didn't even have his gun on him that night." ran from the cops and when he turned back to them got shot.

Now I am not saying that cops are always right, and I am not saying that you should confess to something you didn't do, or say something that can cause you to get in trouble.

But if you act suspicious, I am of the belief that cops should be able to make sure you aren't a danger to yourself or others. That's their job. If that means searching your car, then there shouldn't be anything in there you don't want them to see.

This is going to go to the whole big brother government thing I can tell, but honestly... which would you rather have, criminals with rights or protection from those criminals.

And now I am off to bed... I am guessing I will find this thread in D&D tomorrow!

 

When I say "you don't need a warrant to search a vehicle" I am right. You can search if you have probable cause. And by search I mean NOTHING is off limits.
In the court case you posted, the officer went through the car at his own will. He did not have cause nor consent. I agree that it was unlawful.

If you don't have an arrest, probable cause, plain view,a confession, or consent, you better not look in that car.

 

Isn't it the way it suppose to be? You want the police have the power to search even without probable cause or reasonable suspicion?

 

Yeah, I wouldn't mind that.

The streets would be drug free.