Your Vehicle Being Illegally Searched Unappreciation Vol. Is That Standard Procedure?

[b smooth 202]

So I'm visiting my hometown from college, and after leaving a friends house it's pretty early in the morning, about 4 AM. My friend is driving on aroad that is really busy during the day, but for some reason dude thought the speed limit was 10 more MPH than it really was. When I saw two cop cars chillingon the median, I just said 'cops'. He slows down, but it was too late, and we saw them pull out of the median to pull us over.

When we get pulled over dude asks the basic questions, license, registration, blah blah. Then he explains we were going 48 when the speed limit was 35. The copgoes back to his car, and another cop shows up with a k9

. Of course the k9 alerted that there was a smell of narcotics coming from our vehicle. I hadnothing on me (thank god), and neither did my friend. He then asks my friend who is driving, to get out of the car, and then another cop asks me to get out ofthe car. That's when he emptied my pockets, and they asked both of us to stand aside as they searched the vehicle.

Ok it's 4 AM in the morning I understand that, we had nothing on us, and they claimed that the smell of weed stays in your car up to two months, (neverheard of that one). They also claimed they found seeds in the car, but since they were old they would let it go. It was pretty obvious that they made up theirminds that they would search our vehicle regardless. Speeding doesn't give them the right to search, and when he made the comment about the seeds, it wasobvious they were covering their tracks.

Cops abusing their power FTL

...I got lucky this time

 

[trueshotaura]

Sorry buddy that wasn't an illegal search.

 

[theprocessofbelief]

Everything I know about illegal vehicle searching I learned from Jay-Z.

It was one of his 99 problems.

 

[bbanks707]

you have no idea what your talking about OP.

 

[msdunktastic]

Originally Posted by theprocessofbelief

Everything I know about illegal vehicle searching I learned from Jay-Z.

It was one of his 99 problems.

When ever something comes up I replay that part in my mindfor advice

 

[club29]

thats what happens when you do 55 in a 54

 

[The_Isomotion31]

http://www.flexyourrights.org/traffic_stop_scenario

Found this site. not too sure how true it is. but sounds good.

"Published on FlexYourRights.org (http://www.flexyourrights.org)
Traffic Stop Scenario

Scene from BUSTED
In any given traffic stop, with a few notable exceptions, the below rules will help protect your civil rights and improve your chances of driving awaysafely-so you don't have to be a legal expert to say and do the right thing.

1) Keep Your Private Items Out of View
This is common sense: Always keep any private items that you don't want others to see out of sight. Legally speaking, police do not need a search warrantin order to confiscate any illegal items that are in plain view.

2) Be Courteous & Non-Confrontational
If you are pulled over, the first thing you should to do is turn your car off, turn the dome light on (if it's nighttime), roll down the window, and keepyour hands on the steering wheel. Don't immediately reach into your glove compartment for your license and registration. Officers want to be able to seeyour hands for their own safety. Wait until the officer asks to see your paperwork before retrieving your documents.

The first thing you should say to the officer is, "Hello officer. Can you tell me why I am being pulled over?" The officer may give you a hard timeor say, "Why do you think I pulled you over?" Tell the officer you don't know. Most importantly, do not apologize after you get stopped, becausethat can be considered an admission of guilt and could be used against you later in court.

Show your identification if it's requested. Be respectful and non-confrontational. Refer to the police as "Sir," "Ma'am," or"Officer." Remain calm and quiet while the officer is reviewing your documents. If the officer writes you a ticket, accept it quietly and nevercomplain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.

3) Just Say "No" to Warrantless Searches
Warning: If a police officer asks your permission to search, you are under no obligation to consent. The only reason he's asking you is because hedoesn't have enough evidence to search without your consent. If you consent to a search request you give up one of the most important constitutional rightsyou have-your Fourth Amendment protection against unreasonable searches and seizures.

A majority of avoidable police searches occur because citizens naively waive their Fourth Amendment rights by consenting to warrantless searches. As a generalrule, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer findsduring such a search can be used to convict the person.

Don't expect a police officer to tell you about your right not to consent. Police officers are not required by law to inform you of your rights beforeasking you to consent to a search. In addition, police officers are trained to use their authority to get people to consent to a search, and most people arepredisposed to comply with any request a police officer makes. For example, the average motorist stopped by a police officer who asks them, "Would youmind if I search your vehicle, please?" will probably consent to the officer's search without realizing that they have every right to deny theofficer's request.

If, for any reason you don't want the officer digging through your belongings, you should refuse to consent by saying something like, "Officer, I knowyou want to do your job, but I do not consent to any searches of my private property." If the officer still proceeds to search you and finds illegalcontraband, your attorney can argue that the contraband was discovered through an illegal search and hence should be thrown out of court.

You should never hesitate to assert your constitutional rights. Just say "no!"

4) Determine if You Can Leave
You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general ruleis that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protectsyou against self-incrimination. If you cannot tell if you are allowed to leave, say to the officer, "I have to be on my way. Am I free to go?"

If the officer says "Yes," tell him to have a nice day, and leave immediately. If the officer's answer is ambiguous, or if he asks you anotherunrelated question, persist by asking "am I being detained, or can I go now?" If the officer says "No," you are being detained, and you maybe placed under arrest. If this is the case, reassert your rights as outlined above, and follow Rules #5 and #6.

5) Do Not Answer Questions without Your Attorney Present
There is no reason to worry that your failure to answer the officer's questions will later be used against you. The truth is just the opposite: Anythingyou say can, and probably will, be used against you.

In just about any case imaginable, a person is best off not answering any questions about his involvement in anything illegal. Assert your Fifth and SixthAmendment rights by saying these exact words: "Officer, I have nothing to say until I speak with a lawyer."

*Remember- If you do choose to answer any of the officer's questions, always be honest. Police are not easily tricked and will often become hostile if theyfeel disrespected. If you feel it is best not to answer truthfully, then don't say anything at all.

6) Do Not Physically Resist
If the police proceed to detain, search, or arrest you despite your wishes-do not physically resist. You may state clearly but non-confrontationally:"Officer, I am not resisting arrest and I do not consent to any searches." Or you may assert your rights by simply saying nothing until you can speakwith an attorney.


--------------------------------------------------------------------------------

Source URL:
http://www.flexyourrights.org/traffic_stop_scenario "

 

[downtown43]

they can't legally search your shiiiiiiiiiiiit.....

 

[fede dpt]

You should've said of either one of 2 things.

1. "No."

2. "Let me see your warrant."

 

[maedhros hawk]

When we get pulled over dude asks the basic questions, license, registration, blah blah. Then he explains we were going 48 when the speed limit was 35. The cop goes back to his car, and another cop shows up with a k9 . Of course the k9 alerted that there was a smell of narcotics coming from our vehicle. I had nothing on me (thank god), and neither did my friend. He then asks my friend who is driving, to get out of the car, and then another cop asks me to get out of the car. That's when he emptied my pockets, and they asked both of us to stand aside as they searched the vehicle.


My emphasis.

A drug detection dog reacting to the car would probably indicate that drugs are/were present in the car, the dog isn't going to lie and try to fit you up.Any legal eagles confirm if this would be reasonable grounds to search a car?

and they claimed that the smell of weed stays in your car up to two months, (never heard of that one)


Could he have been referring to the dog being able to smell traces of said drugs, due to their heightened sense of smell?

 

[b smooth 202]

Originally Posted by TrueshotAura

Sorry buddy that wasn't an illegal search.

How so? The k9 couldn't have smelled anything...my friend didn't keep anything in his car...what gave the police the reason to search our vehicle?

I don't know what I'm talking about huh!? I guess I don't know my rights, and I guess I don't know the law. The dog didn't even sniff theinterior of the car. No, obviously a dog wouldn't lie, but those dogs can be trained to false alert. Plus can't any cop with a k9 claim it smelledsomething? If the dog really smelled narcotics than why didn't they recover any? Why did they bring out a k9 when we were pulled over for simply speeding?

 

[mangudai954]

Is that called probable cause? No, maybe im thinking of something else.

 

[msdunktastic]

Originally Posted by B Smooth 202

TrueshotAura wrote:

---

Sorry buddy that wasn't an illegal search.

How so? The k9 couldn't have smelled anything...my friend didn't keep anything in his car...what gave the police the reason to search our vehicle?

I don't know what I'm talking about huh!? I guess I don't know my rights, and I guess I don't know the law.
So you know that didn't give them the right to the search your car yet you let them?I'm no law expert so I dont know if under thatcircumstance they're allowed to search the car.But if you do know what your talking about like you say.Should have manned up when the time was appropriate.

 

[n3ff 3000]

Originally Posted by B Smooth 202

Originally Posted by TrueshotAura

Sorry buddy that wasn't an illegal search.

How so? The k9 couldn't have smelled anything...my friend didn't keep anything in his car...what gave the police the reason to search our vehicle?

I don't know what I'm talking about huh!? I guess I don't know my rights, and I guess I don't know the law.

As long as they have "probable cause" they can search.

 

[daytona 5000]

Originally Posted by bbanks707

you have no idea what your talking about OP.

 

[carlos tevez]

All the cops have to prove is that they have "reasonable cause" to search your car. The standard for this is so low that cops get away with it 99% ofthe time. So technically it is a legal search. Ethically? Thats a different question.

 

[nickle dime bay]

The cops tug on the leash to make the dog bark or something like that to give them probable cause, I seen this in a dvd about getting pulled over.

 

[b smooth 202]

Originally Posted by DAYTONA 5000

Originally Posted by bbanks707

you have no idea what your talking about OP.

Take Mr.Top Flight Security of the World's word for it

I know the law. I'm a pre-law student. If I were driving in this situation the storymight be different.

 

[r33p04s]

Originally Posted by N3FF 3000

Originally Posted by B Smooth 202

Originally Posted by TrueshotAura

Sorry buddy that wasn't an illegal search.

How so? The k9 couldn't have smelled anything...my friend didn't keep anything in his car...what gave the police the reason to search our vehicle?

I don't know what I'm talking about huh!? I guess I don't know my rights, and I guess I don't know the law.

As long as they have "probable cause" they can search.

its actually "reasonable suspicion" or "reasonable cause" w/e they call it...probable cause is for your house....its a loteasier to make up a reason to search your car....and the dog false or not gives them that reason to search it and no they dont need permission to walk a dogaround the outside of your car

 

[b smooth 202]

Probable cause applies to vehicles as well.

 

[r33p04s]

^yes procedure and laws that apply to searching one piece of property applies to searching another...but in cars that level of suspicion is MUCH lower and getsa different name

 

[tramond]

i think the question here is
do they have the right to bring in the search dog without probable cause?
if so, and something is found, then there is probable cause.
they can search.

BUTTTTT, someone answer the question?

 

[blackmamba08]

samething happened to me once and i dont even smoke once the cop searched the car for like 10 min and found nothing he saw a teabag on the floor and he saidthat was what he was smelling...

 

[doosta45]

@ op.

legal search duke, sorry

 

[bravo]

Originally Posted by B Smooth 202

They also claimed they found seeds in the car,

cops always say dumb $%%+ like this to make it seem like they had reason to search

and i bet the stupid k9 didnt smell $%%+...

vick should have used them damn k9s as practice for the pitbulls