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I only read a portion of this thread so I might be redundant here.
I practiced criminal defense for almost 5 years prior to working for SCORE. 4th Amendment (search and seizure) issues represent some of the bulk of criminal defense work, next to making sure your clients pay you :-)
There are two ways to look at this, the way the law is suppose to work and the way it actually works. Many here have stated various versions of the way the law is suppose to work, which is the police must have a good reason to search you.
The problem is that in reality, the police are able to practice what one cop told me "corrective flexible justice". Good cops seem to have a sixth sense as to when someone is up to no good. Be it the mannerisms of the party they are talking to or just internal radar, the best cops seem to get an idea when something is amiss. What they seem to do is get the person out of the car and then they just search. If they find nothing they send the person on their way. If they find something like drugs or weapons, they then will figure out a way to make the search compliant with the law. For example
" Smelled a strong odor of marijuana"
"observed the butt handle of the firearm sticking out from under the seat"
" Defendant gave permission to search"
Etc etc.
The main problem with vehicle searches though is that time and time again the courts have not extended protection to vehicles that you get for your home or your person. For example, if you had a shopping bag in your trunk it is likely to be searched if they were to arrest you on a suspended license charge. Inventory search thats called. If you were arrested at your home for battery on a spouse, that same shopping bag in your closet would have an expectation of privacy and would not be subject to a search.
In general if you want something to be private, dont expect it to be if its in your car. The trend has been in the last 10 years for there to be less and less expectation of privacy in a car.
Here are some suggestions that could limit the officers acting unfairly against you:
1) #1 with a bullet. Treat the officers with respect. Dont be an asshole or show your abject disgust at their illegal stops, searches or seizures. Dont tell them you are going to file any charges even if you plan to. In fact you are better off saying as little as possible. This is not the time and place for that kind of action.
2) Remember cops deal with complete losers with no respect for life every day so keep your hands where they can see them and dont be doing things like stuffing papers or items away. If its not illegal but just embarrassing, its better to just leave everything where they are.
3) Dont resist even if you believe you are innocent as this usually escalates the issue to possible BLEO or RAWV charges both of which are serious felonies and will likely get you beat up as well as charged. Dont ever touch the officers for any reason. Not their shoulders, nothing. This will likely get you injured and charged.
4)Remember officers names and badges. Try not to be too obvious with this recording of information. If possible try to get witnesses to the illegal search. The presence of witnesses usually chills the activities of the police but most illegal searches happen on roads with no one around.
5) File written charges against police officers. The presence of complaints against the officers for illegal searches or just plain bad conduct is useful if not for yourself but for future defendants. A long list of charges against an officer has a way of chilling their behavior or IA will desk them.
[Dave now takes off his old attorney cap and puts on his big tits rus cap again}
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