legal question.

[Flipx99 5,000+ posts]

If you are not black or a female, you do not have a case. Nothing will be done.

I had to disassemble the seats to my cutlass in the rain before...

What are you going to do?

 

[kotec123 10+ year member]

lol wow this is dumb

 

[kizzo 10+ year member]

An officer has to have either a warrant, or your consent to search the driving cabin of your vehicle and needs a totally seperate warrant to search your cargo area (trunk, back hatch, etc).

That cop shouldn't have even searched your body unless he had some reason to assume probable cause of finding something (weed ash, pipes, stuff like that).

Unfortunately the best thing to do when something like that happens to you is to cooperate unless you got something to hide. I've had my car almost searched twice and they couldn't get a warrant for it either time, i just have a bad rep in my area so cops around here know what they'd find.

 

[MikeofTulsa Moderator]

i'd suggest asking a lawyer if they had the legal right to do what they did rather than a bunch of kids on an internet forum

 

[slick rick 10+ year member]

i'd suggest asking a lawyer if they had the legal right to do what they did rather than a bunch of kids on an internet forum

It doesn't matter...you will win nominal damages at best in a suit...which is likely less than litigation fees including discovery, possible trial, appeal, etc.

 

[konechiwa 10+ year member]

just report them. Next time that happens say you need a warrant for that sir. What the hell is he going to do? arrest you? beat you? then you sue his *** and you sue the police department more importantly, shoot, sue the city too for allowing state workers to do that to you.

 

[Chevillac 5,000+ posts]

 

[04_edge 10+ year member]

haha funny, but whats the point?

 

[StealthKill 10+ year member]

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[WantedIsHere]

no they cant do that.... get a lawyer and get the feed of the on board cam right away and hope to god it isnt gone already otherwise you have nothing on them.... cops are pricks... next time ask for a superior officer and get their badge numbers and names if they do something like that. Also call them on shit... Its ok to do and not against the law. They are more likely to back down if they realize you know your rights and arent scared to exercise them. last thing to do is not talk about it at all with anyone except a lawyer. That includes friends and family and more then anything people on the net...

 

[Randy Savage 5,000+ posts]

An officer has to have either a warrant, or your consent to search the driving cabin of your vehicle and needs a totally seperate warrant to search your cargo area (trunk, back hatch, etc).
That cop shouldn't have even searched your body unless he had some reason to assume probable cause of finding something (weed ash, pipes, stuff like that).

Unfortunately the best thing to do when something like that happens to you is to cooperate unless you got something to hide. I've had my car almost searched twice and they couldn't get a warrant for it either time, i just have a bad rep in my area so cops around here know what they'd find.

Police do not have to have a warrant to conduct a search on his vehicle IIRC. Police also do not have to have probable cause to perform a search on him. It's called threshold inquiry- police can question, search, and detain someone if they observe suspicious behavior/acts.

Not 100% on this, but they can perform a search in the vehicle around the driver's direct proximity within the vehicle. If they make an arrest, I believe they can then search the entire vehicle, but it must be conducted immediately after the arrest.

 

[Dozy_production 10+ year member]

Police do not have to have a warrant to conduct a search on his vehicle IIRC. Police also do not have to have probable cause to perform a search on him. It's called threshold inquiry- police can question, search, and detain someone if they observe suspicious behavior/acts.
Not 100% on this, but they can perform a search in the vehicle around the driver's direct proximity within the vehicle. If they make an arrest, I believe they can then search the entire vehicle, but it must be conducted immediately after the arrest.

thats really scary.

 

[SaturnSC1 10+ year member]

Lets be serious. If a cop pulls you over, and attempts to search your car; if you stand between him and the car then you're gonna look like you have something to hide. Which nine times out of ten you don't. Thats why I keep everything out in the open lol. You don't have to open whats already open you know? So they really won't have an incentive to search.

Ppppppshh let me stop lying. They do whatever they hell please haha

 

[04_edge 10+ year member]

the fourth amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

they DID NOT have cause, they questioned me, saw where i lived on my id. i was sittin in my neighborhood, the pulled up, i was completely calm. it wasnt like like i tried to run or got all nervous, i did everything they told me to do.

the only thing they had against me was that they had picked up some kids burglarizing some houses in the area, i was not told where or when, other than just in the "area."

and its not like i have anywhere to hide anything if i did steal it, i have a box that takes up my entire back seat.

 

[Randy Savage 5,000+ posts]

the fourth amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

they DID NOT have cause, they questioned me, saw where i lived on my id. i was sittin in my neighborhood, the pulled up, i was completely calm. it wasnt like like i tried to run or got all nervous, i did everything they told me to do.

the only thing they had against me was that they had picked up some kids burglarizing some houses in the area, i was not told where or when, other than just in the "area."

and its not like i have anywhere to hide anything if i did steal it, i have a box that takes up my entire back seat.

If you fit the description of someone, then I believe they can search you.

Not 100% sure on that though.