Legal advice??

[Propimp 10+ year member]

If Contraband is located in a vehicle, anywhere that contraband can be hidden or stored can be searched based on the Motor Vehicle Exception (Including Glove boxes and trunks, yo).

If they have probable casue they can search anything under the exeption. But if they come with a warrent they have to have one for the trunk also.

looks like i learn something new everyday

 

[Freelander 10+ year member]

but probable cause has to be established....not suspected.

They can't say I THINK you have contraband in the car so I'm going to search it. If they see it, or k-9's detect something then yes. Otherwise they cannot search your vehicle.

 

[snova031]

but probable cause has to be established....not suspected.
They can't say I THINK you have contraband in the car so I'm going to search it. If they see it, or k-9's detect something then yes. Otherwise they cannot search your vehicle.

Suspicious acts/behavior- doesn't require probable cause to detain, and search.

 

[acreature 10+ year member]

Suspicious acts/behavior- doesn't require probable cause to detain, and search.

Reasonable Suspicion allows detention so as to investigate a possible crime, but does not give a search, per se. Can, if articulated correctly, allow a Terry Stop (Frisk for weapons only). If Probable Cause is obtained for a Crime during the detention (Reasonable Suspicion), then a Search or Arrest is allowed.

Confusing, but simple. A common misconception is that an Officer needs Probable Cause to stop a car. They merely need Reasonable Suspicion that a crime has, or is about to occur. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

Reasonable Suspicion = Detention/Investigation

Probable Cause = Arrest and/or Search

/lesson

 

[snova031]

Reasonable Suspicion allows detention so as to investigate a possible crime, but does not give a search, per se. Can, if articulated correctly, allow a Terry Stop (Frisk for weapons only). If Probable Cause is obtained for a Crime during the detention (Reasonable Suspicion), then a Search or Arrest is allowed.
Confusing, but simple. A common misconception is that an Officer needs Probable Cause to stop a car. They merely need Reasonable Suspicion that a crime has, or is about to occur. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

Reasonable Suspicion = Detention/Investigation

Probable Cause = Arrest and/or Search

/lesson

They are allowed to search within the immediate reach/"span of control"

Any contraband or evidence of a crime found during said 'search' is admissible in court.

//content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

 

[acreature 10+ year member]

They are allowed to search within the immediate reach/"span of control"
Any contraband or evidence of a crime found during said 'search' is admissible in court.

//content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

Right.... If a Search Incident to an Arrest, the immediate reachable area can be searched.... if in a home, it's a "jump around" area in which the suspect was arrested. If in a car, it's pretty much the entire passenger area, which includes all containers (locked or unlocked). If anything is found in a car, the entire vehicle may be searched for the same. In a home, a Warrant or Consent would be needed to locate more contraband not in the reachable area //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

 

[WillyG4444 10+ year member]

Let's be real. Most cops don't care, they'll say they smell something and will search or threaten to call the sargent or whatever then search. They are the law lol they can do whatever the hell they want, no one will win against them for petty shit like weed in a car. Hey, it happened to me! Minority in a white town, they pull me over for going 30 in a 25 and search my car cause he said it smells odd, which I don't think it did cause I had one of those tree air freshener things. Whatever.

The point is you can't beat the law. You can say you don't agree with it, but when you act, you need to agree with it, no one cares about your opinion =P

 

[savagebee 10+ year member]

well.. I guess you had weed in your car though huh? ...

lol

so even though you think they are all such crooked bastards, they were still right?

hmm.. maybe they really do get good instincts and what not..

maybe they knew you smoked pot, or saw you doing it at some point, and were waiting for you to screw up and tag your ***...

 

[Mugen 10+ year member]

IMO some cops are assholes, but most cops are just doing their job. I mean, if they catch you doing something illegal, don't whine and ***** about it. Some cops are assholes though. As such, one of my friends was waiting in the parking lot of a store in his car for another guy to come out with some groceries or whatever (ya know, milk and bread, yada yada). Anyway, this dick cop that nobody likes (small town, everyone knows everyone) tells him he smells pot and he starts searching like everything and crap and of course there is no pot in the vehicle. Anyway, this is the cop who even the judges don't like because he gives tickets for people going 56 in a 55 (yes, he has actually done that too my aunt! but the judge threw it out).

Guys like that just piss me off, but in most cases, cops are just doing their job and caught you doing something illegal. And in those cases, man up and take the punishment, you probably deserve it.

 

[brtnboarder3241 5,000+ posts]

You lost that case, as the police had probable cause to enter. That will be $175 for 45seconds of my time. I take Paypal or Postal Money order.

haha i belive thats how much my underage drinking ticket was..went to school drunk..haha +court supervision until august sumthin

 

[Eugenics 5,000+ posts]

best advice i ever recieved from any lawyer was... if a cop or anyone comes to your door.... Open it slightly and slip outside so they cant see in then lock the door behind you. talk to them outside and dont ever give them permission to enter your home... If your guilty of something or not doesnt matter dont ever let them inside. they will get pissy and threaten but 99% of the time they wont waste hours getting a warrant to search the house and if they have no cause they are liable to be sued big time... in the future be quiet when you drink... and keep loud assholes away from your place... or dont drink while under age... if they were big assholes they would of taken the 21+ to jail and charged them with contributing.

you should also remember two things a) dont challenge them, it gives them more of a reason to persue something, you're acting suspicious and making things personal.

b) whether you agree with the law, or they do. they're just doing their job, hopefully to the best of their ability. you're the one violating the law. cops are 9 times out of 10 reasonable people unless you've pissed them off or they have their doubts as to whether you're genuine. Very rarely is there a cop out their with a vendetta against people in your age group. They just want to punch their cards and feel like their doing the right thing, that doesn't always involve ruining your day either. I've been let off of certain things when i should've gotten a mag light to the jaw.

 

[acreature 10+ year member]

...........which I don't think it did cause I had one of those tree air freshener things.

So, like a Drunk chewing bubble gum whose breath smells of Bubble Gum Flavored Alcohol....

Your car had a Pine Tree Air Freshener and smelled like Pine Needled Weed.

 

[Propimp 10+ year member]

^^roflmao

 

[Scoobydoo 5,000+ posts]

fighting an underage drinking is like fighting a traffic ticket, it isn't worth the time or effort. if you have money to waste on alchol you should have money to pay the fine so just pay it and get on with your life

if your worried about drinking underage and you must do because you think it is cool or you have a dependacy on it then marry someone over the age of 21 and you can legally drink with them

if all this crap is just a power play to try to prove that even though you are under 21 you can't be pushed around and you have the same rights and priveledges that adults have...you are wrong

 

[Prowler573 5,000+ posts]

Let's be real. Most cops don't care, they'll say they smell something and will search or threaten to call the sargent or whatever then search. They are the law lol they can do whatever the hell they want, no one will win against them for petty shit like weed in a car. Hey, it happened to me! Minority in a white town, they pull me over for going 30 in a 25 and search my car cause he said it smells odd, which I don't think it did cause I had one of those tree air freshener things. Whatever.
The point is you can't beat the law. You can say you don't agree with it, but when you act, you need to agree with it, no one cares about your opinion =P

I quit paying attention to this thread long ago as it got really silly really quick but I guess I should have stayed tuned! There's some real comedy in here! //content.invisioncic.com/y282845/emoticons/laugh.gif.48439b2acf2cfca21620f01e7f77d1e4.gif

Tree air freshener things, eh?

Yep.

Because that $0.85 air freshener is truly going to cover up the smell of freshly burnt weed to someone who isn't a constant smoker.

It always floors me when someone who has habits that aren't quite in line with the law thinks they can hide the evidence of partaking of said habits with some lousy air freshener hanging off of their rearview or a shot or three of Ozium in the vehicle's cabin.

Do you really think that it is that easy to completely eliminate (or at least dissipate) that odor to where someone who doesn't regularly smoke weed won't notice?

//content.invisioncic.com/y282845/emoticons/laugh.gif.48439b2acf2cfca21620f01e7f77d1e4.gif

Here's the bottom line, ladies and gents.......

Don't want to get in trouble for various behavior?

You have but two choices.

Get better at it and don't get caught

or

Don't do it in the first place.

/story