Are cops allowed to do this?

[J31Rob 5,000+ posts]

i've emptied extended clips for less. //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif :fyi:

 

[dan7532 10+ year member]

Reasonable suspicion and probable cause are two different things, one is less of a burden on the cops than the other, and it allows a cop to search your crap in a car on the road where you have NO RIGHTS of privacy. So stop thinking you know the law.

If you know it, why don't you share the knowledge with us then?

 

[bones22 5,000+ posts]

where'd this felony warrant come from?
edit: btw, when that happened to me, they found nothing. that was made of for sake of the point

the lady had a warrant for forgery correct.

in most states that would be a felony

even if it was a misdemeanor warrant she has a warrant so they have the right to search the vehicle after she is arrested.

as for unloading a clip into the car when she took off.

depends on exactly what took place.

if she just got back in her car and took off NO the cop cant

if she put her hands on the cop

was anywhere close to running the cop over (even his foot)

yes he had the right to

 

[bones22 5,000+ posts]

the fact that you have a warrant does NOT give authority for a search.

the fact you have a warrant and when placed in custody it does.

the second you are in cuffs even if you say no to a search you have no right to stop them

 

[bones22 5,000+ posts]

the fact that you have a warrant does NOT give authority for a search.

here is some case law so you can see it.

Searches without a warrant are permissible by law under some circumstances and these include:

• Consent searches. Any citizen who agrees voluntarily to a search by officers waives his or her rights under the Fourth Amendment of the Constitution. Any incriminating materials or evidence found during a consent search provides law enforcement officers with the right to detain, arrest, and confiscate.

• Plain View Rule. If a motorist is stopped for a traffic violation and he or she has an illegal substance or possession (i.e. drugs or a weapon) in plain view, an officer does not require a search warrant to investigate further.

• Searches made in connection with a legal arrest. If a motorist is arrested for driving under the influence, then a search of his or her vehicle is permissible under law.

 

[rollingthunder 10+ year member]

I do agree with some other points though, as a whole I am terrified of what will happen to our rights (rights of Americans in general) as time goes on. I am concerned about freedoms and rights. I think there are steps to be taken to help fix the problem with police, but a lot of people go about it the wrong way, I am even becoming a police officer to help find a solution, even if I am only one honest police officer, thats one more than we had before I got there. I understand what your points are, its just the way people go about it that get them in more trouble.

 

[yne721 10+ year member]

well , i dont think a cop is just going to pull you over 'just cause'. you had to have been doing something wrong. no turn signals , speeding 5+ mph over the posted speed , failed to come to a COMPLETE stop at a stop sign , etc. theyre not going to pull you over and be like , 'so...let me search your car guy. i think youre riding dirty because i can tell with my super cop powers'.

wow i can tell you've never been near detroit. Livonia especially. i can't tell you how many times i've been pulled over for literally nothing. When really i know it was because i was a teenager with a black sports car and rims.

my buddy gets pulled over all the time, just because he drives an audi and he's young. cops around here are bored. i can't speak for the rest of the country though.

 

[bones22 5,000+ posts]

I do agree with some other points though, as a whole I am terrified of what will happen to our rights (rights of Americans in general) as time goes on. I am concerned about freedoms and rights. I think there are steps to be taken to help fix the problem with police, but a lot of people go about it the wrong way, I am even becoming a police officer to help find a solution, even if I am only one honest police officer, thats one more than we had before I got there. I understand what your points are, its just the way people go about it that get them in more trouble.

this is probably the best comment in this thread.

our rights we are supposed to have under the constitution have been taken away for a long time now by state and federal laws.

we are supposed to have certain rights although if you research your state or federal laws you will see that they are taken away because of laws that have been passed

 

[reid1boys 10+ year member]

i think he's frontin. or hasn't got to that point in class yet.





j/k

I left law school in 97.

Probable cause: I see you smack your wife in the front yard. i have probable cause to arrest you. I can articulate the reasons you were arrested in words.

Reasonable Suspicion. I come up to a bunch of punk kids in a park. I strike up a conversation with them. One of the kids is real jittery, looks nervous. He has not broken any laws. I have not SEEN ANYTHING that would make me think he has broken a law. But in my gut, through my years as a law enforcement officer, i just know something isnt right. I ask to see his ID, i run it and he has a warrant. i arrest his ***. How can I get his ID and run it when he has done nothing wrong? Reasonable suspicion.

Probable cause is what is needed for an arrest, reasonable suspicion is what the courts came up with to allow cops to use their experience to do what they need to do on the streets. My point to this is that a cop can do about anything they want and get away with it.

i would NEVER give permission for a cop to search my car. i dont do drugs and I have nothing to hide, but I believe in that thing called the constitution.

I was not joking about pulling myself over either. i have done it 3 or 4 times. each time a cop was riding my ***. I had gotten a bogus speeding ticket on a motorcycle once. I was so pissed because there was nothing i could do about it. So now, whenever a cop rides my butt, I pull over. It hasnt happened in along time because I am older, i drive nicer cars now.

But before you try to dictate to a cop, you better have a clue. You get arrested now, pay to get out of jail, have your ride impounded (that you pay to get out) and all that might happen later is no charges are filed. the cop doesnt give a rats ***. he got paid to arrest your butt, and nothing will happen to him later. but you are out several hundred and had a few shitty days.

 

[kombat96 10+ year member]

bet it was a white cop //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

couldnt do nothing but laugh. well said:laugh:

 

[reid1boys 10+ year member]

This is a great thread simply because some of you are learning some good stuff as a result of a debate.

Those of you worried about our rights(and rightly so) i am going to give you a little scenario and see how you like this.

You are arrested and charged with some drug crime.... possession with intent to distribute cocaine or something. Later, your house, car, boat, and everything else you own is seized using asset forfeiture laws.

6 months goes by, charges are dropped as the DA feels they do not have enough evidence to get a conviction. Here comes the fun part........ are you ready....... you dont get your shit back. Tada!!!! Arent you glad you live in America where you are innocent until proven guilty. Hell you werent proven guilty, you werent even taken to trial=, but your stuff is bye bye.

Now you get to go get a lawyer and you have to PROVE your stuff didnt come as a result of drug sales.

So put that in the pipe and toke on that for a while.

Doesnt something seem wrong? The police dept who have budgets that are really tight, get to go and make money thins way??> Oh yeah, i forgot to tell you, the money that comes from selling your shit goes back to the police depts, or at least a large % of it.

Have a nice day sir!

 

[dan7532 10+ year member]

......retract my statement

 

[J31Rob 5,000+ posts]

we should not be talking about anything real.

we should be turning this thread into OT bullshit. //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

 

[bones22 5,000+ posts]

This is a great thread simply because some of you are learning some good stuff as a result of a debate.

Those of you worried about our rights(and rightly so) i am going to give you a little scenario and see how you like this.

You are arrested and charged with some drug crime.... possession with intent to distribute cocaine or something. Later, your house, car, boat, and everything else you own is seized using asset forfeiture laws.

6 months goes by, charges are dropped as the DA feels they do not have enough evidence to get a conviction. Here comes the fun part........ are you ready....... you dont get your shit back. Tada!!!! Arent you glad you live in America where you are innocent until proven guilty. Hell you werent proven guilty, you werent even taken to trial=, but your stuff is bye bye.

Now you get to go get a lawyer and you have to PROVE your stuff didnt come as a result of drug sales.

So put that in the pipe and toke on that for a while.

Doesnt something seem wrong? The police dept who have budgets that are really tight, get to go and make money thins way??> Oh yeah, i forgot to tell you, the money that comes from selling your shit goes back to the police depts, or at least a large % of it.

Have a nice day sir!

EXACTLY!!!!

dont get me wrong the US is a great country

but

places like china, iraq, etc....

at least there you know you have little to no rights.

unlike here in the good ole USA where yo think you have rights but in all honesty you have the same as they do in other countries.

 

[reid1boys 10+ year member]

Once you are arrested the cops can search the immediate area where the arrest took place.

Can you tell me what the immediate area would be in say........ your living room?

i guarantee that a case somewhere has said the bedroom was the immediate area.

Also what is in "Plain View" is free game..... so as the cop walks through the house, EVERYTHING is in plain view.

Law school was a real ***** using terms like "Reasonable."

Reasonable is a great thing. It is a get out of jail free card to the courts is what it is.