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

When I talked to the police (you can use the search feature to find the topic...I started it)...it helped me. Why? Because I wasn't going to deny being guilty and I was ready to live up to the consequences.

Did I get punished? Sure...was it as bad as it could have been? Hardly.

 

The fact that you, as a police officer, believe that you don't need a warrant to search a vehicle is frightening.

 

bah. nm

.

 

ahh ok

 

Yes, they can search your anus.

 

Ok, I am a sworn police officer. I am sworn to uphold the laws of the State of Texas as well as the United States.

Before you warm google up, put your money where your mouth is.

I am making a guarantee. I GUARANTEE you I can search a vehicle (legally) on a traffic stop (i.e. not using blinker) WITHOUT a search warrant. That is a PROMISE. I only need one thing in order to get me in that car.

Do you want some examples?

 

Im not sure if this is what you're talking about; From my understanding, you can arrest anyone for traffice violations except speeding under 20. Then you can do a vehicle inventory. There is a fine line between harassing people and upholding the law. I gather from you response that you enjoy the power you have and wouldn't hesitate to harass someone you didn't like.

 

Why am I not surprised that Brian is hanging out at high-school beer parties? Disgusting. astros148, please stay away from him, and never smell like him again, 'kay?

 

You're sort of right.

In the state of Texas there are two, TWO things you CAN NOT arrest for.

That is speeding and open container (and that's only because the legislators are a bunch of alcoholics). And technically, if you the affiant (officer) can articulate why, you can arrest someone for speeding. It is called reckless driving and is a class B misdemeanor. But like I said, you must articulate why it was reckless. Was someone (passenger) in the car? Heavy traffic? Chillins riding bikes in the street?

Actually, police officers don't have as much power as you think. Yeah, you go breaking the law and you think they have a lot of power when your freedom is taken away, but in all reality we have to play by the rules and there is such thing called the 4th amendment. We also have to have probable cause to play the game.

In addition, I do not and have not ever been on a power trip. I am not out there to harass people. I don't think I am high and mighty because I am granted the powers of arrest, search, and seizure.

And most police officers aren't out to harass, contrary to your thoughts. When someone is acting nervous, shaking like a leaf, stuttering, inconsistent in their story (especially when driver and passenger have conflicting stories). You're damn right you're going to get what you'd call "harassed" a little bit.

You'd be asked to exit the vehicle. You'd be asked if there is anything on you or in the vehicle I (we) need to know about.

There's also a fine line between harassing people and upholding the law.

 

WWR,

You are so mistaken about searching a car without consent. Do you want the Supreme Court ruling on this? It wrapped the 4th Amendment around the car. What can't be done with a house, can't be done to the car.

as someone else said, it is frightening that you don't know this.

 

Criminal Process in Texas

Search

Search Warrants

A search warrant authorizes police to conduct a search of a specific, place such as your residence. In order for a warrant to be issued by a judge, "probable cause" is necessary.

Probable cause to search means that:

* It is more likely than not that the specific items to be searched for are connected with criminal activities
* Those items will be found in the place to be searched

Warrantless Searches

The general rule is that warrants are required for searches. But search warrants are not required for the following:

* Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
* Automobile searches: If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
* Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence.
* Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
* Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren't required to consent to any police searches.

 

But, I thought searching a car is allowed without consent if there was enough probable cause(like the post above shows). This probable cause can be virtually anything, but it means they can still search your car without a warrant. I've watched Cops episodes in the past in which the police officer was able to do the search without any warrant.

 

I think we should all take a lesson from 'Hov.

"... the glove compartment is locked so is the trunk and the back - i know my rights so you gon' need a warrant for that..."

 

The Supreme Court ruling makes the car the same as the house, according to the 4th Amendment.

In fact, the case was a warrantless search where they found a small joint in the center console and arrested for that. There was no probable cause for the search, so the Supreme Court through it out. The case went to the Supreme Court as a 4th Amendment case. That is why it made it that far. It is noted for wrapping the 4th Amendment around the car.

What can't be done to your house, can't be done to your car.

 

I can search a car without consent.

Before I tell you how I can do that, look up the Carroll Doctrine.

And this statement, "What can't be done with a house, can't be done to the car." is so far from the truth it isn't funny.
Again, look at the Carroll Doctrine.

And here in a few minutes I will give you an example as to how I can search a car without consent.

 

I actually did a seminar paper on car searches. So, here's the rundown.

If an officer pulls you over, the first search they can do is a Terry search if if the search is based on a reasonable suspicion (a very low bar). This is a pat-down search of your person for weapons or contraband. This search extends to your car interior, glove compartment, and your passengers. Terry searches do not include your trunk.

In Texas, you can be arrested for almost any crime. So, if the pat-down search finds nothing, but they have not searched your car, they can arrest you and do a more thorough search of your person, every container within your reach, and the interior and glove compartment of your car. This search goes beyond a mere pat-down.

If the Terry search or the search incident to arrest uncovers evidence that gives them probable cause (higher standard than probable suspicion, but still not all that high) they can then search your entire car, trunk included, without a warrant. An officer can always search your car with probable cause, (based on the smell of drugs, or perhaps seeing a joint on the seat, or something you said because you tried to talk your way out of the ticket) no warrant required. In fact, you never need a warrant to search a car, because warrants are based upon probable cause, and that ALONE is enough to search the car.

Even if the cops find no probable cause based on their Terry and search incident to arrest, and you are still arrested, they can impound your car. At that point, if it is standard procedure (which you can count on) they can inventory the contents of your car, including your trunk, without a warrant or even probable cause.

Furthermore, they can pull you over based upon a pretext. If you look like a drug dealer, you better follow every traffic rule to the tee, because it doesn't matter if the traffic violation was a pretext for a drug search.

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

 

* Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence.

Exigent circumstances. I love that word.



That is the word that lets me come into your house with a warrant.

The following are facts:

If I have probable cause to believe that you have committed a crime, and the delay to obtain a warrant may lead to a loss of evidence/suspect fleeing, I can enter a residence without a search warrant.