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-   -   Can cops search your car with no reason? (https://gfy.com/showthread.php?t=315256)

Jon2 06-20-2004 09:04 AM

Can cops search your car with no reason?
 
Like...If you give the cop no reason to suspect that you have drugs on you...Can they search the car in a routine stop? I'm in NC if that makes any difference...

I got pulled over because they thought I shoulda waited before pulling out in front of them...

Jon

TheWildcard 06-20-2004 09:06 AM

Only if they suspect you (like smell something), I think.

Babagirls 06-20-2004 09:06 AM

they can ask you to "step out of your car" or "can we search your car"....some are slick and say "step out of the car while i search it , please." instead of flat-out asking.

you have EVERY right to say no! they cant search your car without a warrant.......but, all they do is make a call and few mins later, they get one. so, its easier and quicker to just say "ok".

i've never let any of those assholes search my shit. :glugglug

eroswebmaster 06-20-2004 09:07 AM

No..normally all they can do is a cursory search..basically what's in plain view and within the drivers reach.

However if you say no to a search they can bring a drug down and let him give your car a whiff and then if he responds that gives them probable cause.

Was reading an interesting book a few years back about car stops and marijauna laws and basically they were saying that most busts occur because of stupid shit like no signal, tags expired etc...so their point was if you plan on carrying anything illegal around with you make sure your car is 100% legal and you obey all traffic laws.

Babagirls 06-20-2004 09:07 AM

Quote:

Originally posted by TheWildcard
Only if they suspect you (like smell something), I think.
no, they use that as another illegal search tactic. :2 cents: you can still say no. :2 cents:

MickeyG 06-20-2004 09:07 AM

also if you refuse they may call the k9 unit. Happens all the time down here in Florida.

eroswebmaster 06-20-2004 09:09 AM

also if you give them the authority to search your car you can rescind that at anytime as long as nothing has been found to give them probably cause to search further.

KRL 06-20-2004 09:09 AM

Pretty sure under the Patriot Act the rules have changed and they can now arbitrarily search your car. It'd take some time to find the law on this, but I remember reading it and being quite astonished.

Anyone have the link?

KRL 06-20-2004 09:12 AM

What is so bad about the new law? "Generally," says Paul, "the worst part of this so-called antiterrorism bill is the increased ability of the federal government to commit surveillance on all of us without proper search warrants."

He is referring to Section 213 (Authority for Delaying Notice of the Execution of a Warrant), also known as the "sneak-and-peek" provision, which effectively allows police to avoid giving prior warning when searches of personal property are conducted.

Before the USA PATRIOT Act, the government had to obtain a warrant and give notice to the person whose property was to be searched. With one vote by Congress and the sweep of the president's pen, say critics, the right of every American fully to be protected under the Fourth Amendment against unreasonable searches and seizures was abrogated.

KRL 06-20-2004 09:13 AM

Nor do the invasion-of-privacy provisions of the new law end with law enforcement illegally searching homes and offices, say critics. Under Section 216 of the USA PATRIOT Act (Modification of Authorities Relating to Use of Pen Registers and Trap and Trace Devices), investigators freely can obtain access to "dialing, routing and signaling information." While the bill provides no definition of "dialing, routing and signaling information," the ACLU says this means they even would "apply law-enforcement efforts to determine what Websites a person visits." The police need only certify the information they are in search of is "relevant to an ongoing criminal investigation."

This does not meet probable-cause standards ? that a crime has occurred, is occurring or will occur. Furthermore, regardless of whether a judge believes the request is without merit, the order must be given to the requesting law-enforcement agency, a veritable rubber stamp and potential carte blanche for fishing exhibitions.

Additionally, under Section 216, law enforcement now will have unbridled access to Internet communications. The contents of e-mail messages are supposed to be separated from the e-mail addresses, which presumably is what interests law enforcement. To conduct this process of separation, however, Congress is relying on the FBI to separate the content from the addresses and disregard the communications.

In other words, the presumption is that law enforcement is only interested in who is being communicated with and not what is said, which critics say is unlikely. Citing political implications they note this is the same FBI that during the Clinton administration could not adequately explain how hundreds of personal FBI files of Clinton political opponents found their way from the FBI to the Clinton White House.

Tuna 06-20-2004 09:14 AM

Did you get your car searched?

Jon2 06-20-2004 09:14 AM

Quote:

Originally posted by MickeyG
also if you refuse they may call the k9 unit. Happens all the time down here in Florida.
They had one...And he was like...If you tell me now I will only ticket you without arresting you...Of course I didn't have anything on me or in my car...I don't do any drugs...But I felt it was gonna be a long drawn out inconvience...He only asked me about the drug thing once he found out I worked at a gay bar...I questioned him on it...And after that they stopped hounding me about the drugs and told me to have a good night.

Jon

Jon2 06-20-2004 09:16 AM

Quote:

Originally posted by Tuna
Did you get your car searched?
No they dropped it after I pulled the gay card

Jon

KRL 06-20-2004 09:17 AM

WASHINGTON (AP) -- Police can search a parked car for drugs, guns or other evidence of a crime while arresting a driver or passengers nearby, the Supreme Court ruled Monday.

The high court has already ruled that officers can search a car when arresting someone inside, and the same rule now applies if a motorist or passenger gets out of the car.

The 7-2 ruling addressed a common situation, in which police pull over a suspicious car or come upon it while it is parked. Sometimes motorists get out of the car before an officer approaches, and it was not clear until now whether police had leeway to search the car.

The case is Thornton v. United States, 03-5165.

eroswebmaster 06-20-2004 09:19 AM

Quote:

Originally posted by KRL
WASHINGTON (AP) -- Police can search a parked car for drugs, guns or other evidence of a crime while arresting a driver or passengers nearby, the Supreme Court ruled Monday.

The high court has already ruled that officers can search a car when arresting someone inside, and the same rule now applies if a motorist or passenger gets out of the car.

The 7-2 ruling addressed a common situation, in which police pull over a suspicious car or come upon it while it is parked. Sometimes motorists get out of the car before an officer approaches, and it was not clear until now whether police had leeway to search the car.

The case is Thornton v. United States, 03-5165.

While "arresting" someone inside...I'm wondering if this is just one of those "incident to arrest" type searches because it doesn't state to a certainty that it can happen in just routine traffic stops.

Babagirls 06-20-2004 09:20 AM

Quote:

Originally posted by KRL
WASHINGTON (AP) -- Police can search a parked car for drugs, guns or other evidence of a crime while arresting a driver or passengers nearby, the Supreme Court ruled Monday.

The high court has already ruled that officers can search a car when arresting someone inside, and the same rule now applies if a motorist or passenger gets out of the car.

The 7-2 ruling addressed a common situation, in which police pull over a suspicious car or come upon it while it is parked. Sometimes motorists get out of the car before an officer approaches, and it was not clear until now whether police had leeway to search the car.

The case is Thornton v. United States, 03-5165.

holy shit!

KRL 06-20-2004 09:23 AM

The bottom line if you get dicky with cops its not going to be a pleasant scene. The thing cops deal with the worst is when people pull a power trip on them. You're just asking for problems when you don't comply with their requests and let them keep the power position over you.

Fletch XXX 06-20-2004 09:24 AM

GO AMERICA GO

"theyll never take OUUUUUR FREEEEEDOM!"

lilj 06-20-2004 09:24 AM

No they can not search your car without an reason , Unless you give them one

Jon2 06-20-2004 09:25 AM

Quote:

Originally posted by KRL
The bottom line if you get dicky with cops its not going to be a pleasant scene. The thing cops deal with the worst is when people pull a power trip on them. You're just asking for problems when you don't comply with their requests and let them keep the power position over you.
They were making me feel stupid :( Because I suck at directions and I had turned onto the wrong exit twice lol...I hate how they make you feel stupid...

Jon

Theo 06-20-2004 09:26 AM

it's all good,it's for your security hah

Jon2 06-20-2004 09:27 AM

Quote:

Originally posted by Soul_Rebel
it's all good,it's for your security hah
Okay then I feel secure alot...I always get pulled over because I work late hours and I am on the roads late at night...

God I love my freedom in the usa

Jon

Rochard 06-20-2004 09:42 AM

I love my freedom in the USA. When I drive I have no fear. They can pull me over at any time and search my car; I have nothing to hide.

Cops make what? $40k a year? And they get shot at? Show a little bit of respect and you won't have any problems.

69pornlinks 06-20-2004 09:45 AM

they can DO whatever they want, if they can kill your ass without No retribution, then why do you think they can't search your fucking car :1orglaugh

Babagirls 06-20-2004 09:59 AM

Quote:

Originally posted by qualitythumbs
They were making me feel stupid :( Because I suck at directions and I had turned onto the wrong exit twice lol...I hate how they make you feel stupid...

Jon

i did the same thing 2 yrs ago in Pittsburgh and the cop was like "Where you going, MRS WISCONSINNNN!!!!!!!!?" I told him "None of your fuckin biz, OFFICERRRRRRRR!"

he didnt like that too much :helpme

StuartD 06-20-2004 10:01 AM

Quote:

Originally posted by KRL
Pretty sure under the Patriot Act the rules have changed and they can now arbitrarily search your car. It'd take some time to find the law on this, but I remember reading it and being quite astonished.

Anyone have the link?

That's what I was gonna say. A few years ago, no... your privacy is ensured under your basic rights.

Today though.... your basic rights are given up under the Patriot Act.

That is... if you're an American.

Tom_PMs 06-20-2004 10:04 AM

lol, it doesnt matter. They'll search it if they want to essentially, and they'll write up a reason in their report, and since the judicial branch rarely questions the enforcement branch.. well put it this way, just presume they'll search anything they want to. Forget theories of law and justice, lol.

Patriot Act.. the name itself is a marketing tool.

Doctor Dre 06-20-2004 10:08 AM

Here in canada they have the right to LOOK arround the car without moving anything (under the seats etc) .

They need a search warrant for the glove box and other shit I beleive

FrankWhite 06-20-2004 10:12 AM

if there is no reason, they will always find a reason :)

they are the LAW!

FrankWhite 06-20-2004 10:21 AM

once i got pulled over, cuz of my friend he went to the store to buy a dutch, and they seen him, we drove away and they followed, they know no one in brooklyn smoking cheap $1 cigars, and they were right i had weed in the car, but they couldnt find it, i had a very good hiding spot, but ohhh boy they were mad, he goes i can smell weed in your car after he searched it, but i cant find it this time you got lucky, i am like thanx officer :)


it was a scary day ;) i had half a z of weed hidden.

Doctor Dre 06-20-2004 10:25 AM

Quote:

Originally posted by KRL
The bottom line if you get dicky with cops its not going to be a pleasant scene. The thing cops deal with the worst is when people pull a power trip on them. You're just asking for problems when you don't comply with their requests and let them keep the power position over you.
My friend goes after them everytime they pull him over ... the cops here have NOTHING to do and they go after young people a LOT .

While they check for his shit he always call the manager and make a complaint ... he is a personal driver you can call if you need a ride (cheaper then taxi but you have to call 1h before) .

He gets pulled over a good 15-20 times a month for no reason .

Trixie Racer 06-20-2004 10:44 AM

Quote:

Originally posted by lilj
No they can not search your car without an reason , Unless you give them one
That used to be the case, but not anymore. I'm glad the Patriot Act was brought up by KRL -- it's true. We've lost our 4th ammendment right (among others).... :(

mahoney 06-20-2004 10:54 AM

They never seem to search the trunk. why is that ? any one anyone ? Buller :1orglaugh

erehwon 06-20-2004 11:22 AM

Quote:

Originally posted by KRL
The bottom line if you get dicky with cops its not going to be a pleasant scene. The thing cops deal with the worst is when people pull a power trip on them. You're just asking for problems when you don't comply with their requests and let them keep the power position over you.
Depends on the cop, 99% of the time I am very respectfully to the boys and girls in blue, its when you find yourself with a younger cop who is no longer being chaperoned by their training officer and is patrolling alone decides to go SuperCop on you, will I find myself wasting his/her time.

So I am insomniac, so what if I get my groceries at 3:00am, doesn't automaticly make me a drug seller with warrants in states I've never been in.

Last time that happened, SuperCop Jr. threated to call the K-9 officer, and I told him, fine I have nothing better to do, wake the K-9!

Long story short, I know the K-9 officer, I know all the K-9 officers in that part of the state, they all trained in the same kennel I had my Shepard trained at, it was worth it to watch the browbeating that young officer got from the Sgt. for waking up the K-9 officer up at 3:00am to search an fine upstanding citizen and 20 year resident like myself. :1orglaugh

I find out later from my buddy that SuperCop Jr. got shit hours for a more than a couple weeks for that and a few other antics he pulled trying to show the locals how he was trying to be the big swinging dick around town.

Mr Pheer 06-20-2004 11:25 AM

Cops can tell right away if you're stupid or not. If your answers to their questions are anything other than "Yes sir" or "No sir" then you're just stupid. And stupid people get fucked with.

Dont be a smartass, dont make jokes, dont show an attitude. If you were speeding, say you're sorry. Be decent with them so they dont have any reason to fuck around, and chances are they will finish up whatever business they have with you quickly and go fuck with someone else.

HeebyJeeby 06-20-2004 11:43 AM

Actually, when the cop asks for permission to search your car, it's to size you up. If you say no, he'll search harder. If you say yes, he'll just browse the contents and be on his way.

The reason they have every right to search your car:

1. Because when you break any law, regardless of how minor, you give up your right to privacy.

2. A cop needs a reason to pull you over. It's illegal to pull you over for no reason. However...

2. There are a billion laws and chances are highly likely that no matter how careful you were, you broke one.

theking 06-20-2004 11:49 AM

I did not read the posts in this thread so maybe something similar has been posted. A CHP (California Highway Patrol) friend of mine told me...that he cannot understand the fools that have drugs in the car that agree to have the car searched. He said that 50% or more of the time when they ask if they can search the car...if the person simply said no...they (the CHP) would simply continue on their way...unless they had an overwhelming reason to suspect that the person did indeed have drugs in the car.


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