Police / Legal Question on Searches

[fouroneone]

I know that on a rountine traffic stop, the only legal thing police can demand is

- ID/Insurance

- Sobriety Tests

- Weapons search/pat down.

It is a citizens right to deny a search of person or property if there is no warrant or evidence warranting one(a search), even if a cop were to feel a dimebag in your pants.

However, are the rules different for US customs on a border crossing(legally)?

Do customs agents have more expanded powers of Search, Seziure, and detention?

[ghhhhhost]

i believe the cops have a right to search u wholely...i dont mean like get up in ur rectum and shit..but during a pat down..if they feel something in ur pockets i believe they have a right to remove it.

[fouroneone]

i believe the cops have a right to search u wholely...i dont mean like get up in ur rectum and shit..but during a pat down..if they feel something in ur pockets i believe they have a right to remove it.

yeah that is a "terry pat", named after Terry V. Ohio.

Cops have the right to search you anytime for weapons and "Pat you down", however, they must have your permission to search you for anything besides weapons. There was a case in Minn. that went before the supre court in which cops searched a man exiting a crack house, patted him down for weapons, and found a crack rock. The verdict was thrown out, and the court established that the sense of touch is not enough justifaction for a cop to search for something other than a weapon with out your permission. The problem starts when people get scared and give permission for the cops to search you, after that anything they find can be used in court.

[bumpdaddy]

yeah that is a "terry pat", named after Terry V. Ohio.

Cops have the right to search you anytime for weapons and "Pat you down", however, they must have your permission to search you for anything besides weapons. There was a case in Minn. that went before the supre court in which cops searched a man exiting a crack house, patted him down for weapons, and found a crack rock. The verdict was thrown out, and the court established that the sense of touch is not enough justifaction for a cop to search for something other than a weapon with out your permission. The problem starts when people get scared and give permission for the cops to search you, after that anything they find can be used in court.

Absolutley true.... just want to add that field sobriety tests are voluntary you can refuse it..and if you know you're going to blow high you should always refuse politely.... always be polite ans ask "do I have to" .... let the cop explain to you what happens if you dont cooperate ...you're lawyer will want to know what he said......In most sates refusing the test is the same a failing one ...dont be afraid to spend a night or two in a holding cell because thats probably where you'll wind up however it's easier for a lawyer to beat a case where the only evidence is circumstantial (based solely on an officers observations) .... on a side note in many states they can call a judge and get a court order to take you for a blood test..... REFUSE ANY ACTION THAT WILL HELP BUILD A CASE AGAINST YOU.... ask to call your lawyer whenever they ask you for anything aside from you driver's license and vehicle registration/insurance refuse to answer any questions without your lawyer present ... keep your mouth shut and always be polite.

Also a search warrant must always specificly state what evidence they're looking for ... reality is if your place is searched for weapons and drugs are found they will just get another warrant.... In this day and age they can pretty much lock you up for spitting on the street "in the interest of national security".

[msoprano]

Absolutley true.... just want to add that field sobriety tests are voluntary you can refuse it..and if you know you're going to blow high you should always refuse politely.... always be polite ans ask "do I have to" .... let the cop explain to you what happens if you dont cooperate ...you're lawyer will want to know what he said......In most sates refusing the test is the same a failing one ...dont be afraid to spend a night or two in a holding cell because thats probably where you'll wind up however it's easier for a lawyer to beat a case where the only evidence is circumstantial (based solely on an officers observations) .... on a side note in many states they can call a judge and get a court order to take you for a blood test..... REFUSE ANY ACTION THAT WILL HELP BUILD A CASE AGAINST YOU.... ask to call your lawyer whenever they ask you for anything aside from you driver's license and vehicle registration/insurance refuse to answer any questions without your lawyer present ... keep your mouth shut and always be polite.

Also a search warrant must always specificly state what evidence they're looking for ... reality is if your place is searched for weapons and drugs are found they will just get another warrant.... In this day and age they can pretty much lock you up for spitting on the street "in the interest of national security".

heres an idea

DONT DRINK AND DRIVE

[bumpdaddy]

heres an idea

DONT DRINK AND DRIVE

Absolutely agree.... but people sometimes screw up and should know thier rights

[smgarret]

Absolutley true.... just want to add that field sobriety tests are voluntary you can refuse it..and if you know you're going to blow high you should always refuse politely.... always be polite ans ask "do I have to" .... let the cop explain to you what happens if you dont cooperate ...you're lawyer will want to know what he said......In most sates refusing the test is the same a failing one ...dont be afraid to spend a night or two in a holding cell because thats probably where you'll wind up however it's easier for a lawyer to beat a case where the only evidence is circumstantial (based solely on an officers observations) .... on a side note in many states they can call a judge and get a court order to take you for a blood test..... REFUSE ANY ACTION THAT WILL HELP BUILD A CASE AGAINST YOU.... ask to call your lawyer whenever they ask you for anything aside from you driver's license and vehicle registration/insurance refuse to answer any questions without your lawyer present ... keep your mouth shut and always be polite.

Also a search warrant must always specificly state what evidence they're looking for ... reality is if your place is searched for weapons and drugs are found they will just get another warrant.... In this day and age they can pretty much lock you up for spitting on the street "in the interest of national security".

I might be wrong, but I believe when you get a license you implectly concent to doing a field sobriety test if asked. If you refuse you automatically lose your license and go directly to the tank....

At least that's the way it was where I grew up

[joeprovidence]

A lawyer told me that if i get pulled over and I am cocked and they want to give me the beathilizer, dont refuse or agree to it. Ask for a attorney as soon as they ask you to take it. Dont refuse, just say " This seems to me to be more than a simple traffic stop and I would like to speak to an attorney before I speak to you or any other police officers." They will get pissed and ask you if you are refusing the test, but dont say shit, except the same line I quoted everytime they ask you if you are refusing the test. They will take you to the station and continue to ask you if you are refusing. Dont say shit, except

" Being here at the police station really concerns me,I would like to speak to my attorney, please". They will get pissed even more and keep asking you if you are refusing. Dont say yes or no, just ask to speak with your attorney.

They will most likely be really pissed by then and just charge you.

If they arrest you for DUI/dwi after that, fine, dont say shit just keep asking for your attorney. They cant blood test you unless you refuse to cooperate, and your not refusing you are just seeking legal counsel during questioning.

When you do speak with your lawyer tell him "exactly" what you and the police said and did.

Now for searches:

I was in a car pulled over by the police. They searched the shit out of the car and all passengers even though we said NO.

One of the passengers was a convicted felon and one of the cops knew him.

He claimed he could pull us over and search us just because he spotted a convicted drug felon in the car. I told him that was bullshit, but like I said they searched the shit out of us anyway.

[chris817]

Don't they need need a warrant if your golve box and trunk are locked?

[smgarret]

Don't they need need a warrant if your golve box and trunk are locked?

Yes and no....they need a warrant and/or probable cause (ie, drug dog can smell pot, etc) as long as you don't consent to letting them search it. However, most cops just use the intimidation factor and the threat of jail, etc to get you to consent. Be strong and tell the cops no, they will give you a hard time, threaten you etc but you have to know your rights.

[bumpdaddy]

A lawyer told me that if i get pulled over and I am cocked and they want to give me the beathilizer, dont refuse or agree to it. Ask for a attorney as soon as they ask you to take it. Dont refuse, just say " This seems to me to be more than a simple traffic stop and I would like to speak to an attorney before I speak to you or any other police officers." They will get pissed and ask you if you are refusing the test, but dont say shit, except the same line I quoted everytime they ask you if you are refusing the test. They will take you to the station and continue to ask you if you are refusing. Dont say shit, except

" Being here at the police station really concerns me,I would like to speak to my attorney, please". They will get pissed even more and keep asking you if you are refusing. Dont say yes or no, just ask to speak with your attorney.

They will most likely be really pissed by then and just charge you.

If they arrest you for DUI/dwi after that, fine, dont say shit just keep asking for your attorney. They cant blood test you unless you refuse to cooperate, and your not refusing you are just seeking legal counsel during questioning.

When you do speak with your lawyer tell him "exactly" what you and the police said and did.

Now for searches:

I was in a car pulled over by the police. They searched the shit out of the car and all passengers even though we said NO.

One of the passengers was a convicted felon and one of the cops knew him.

He claimed he could pull us over and search us just because he spotted a convicted drug felon in the car. I told him that was bullshit, but like I said they searched the shit out of us anyway.

I would agree to everything except one point.... basicly a judge can issue a "warrant" to have you blood tested based on reasonable suspicion that there is excess alchohol in your system... police can use reasonable force to execute a warrant...In reality no phlebotemist at a hospital will stick you against your will without a waiver of liability which is usually provided to them. Police departments dont like to do this since municipalities become liable if you're found not guilty of the offense and you can obviously sue....

[NOT IN USE]

just want to applaud a few of you here for the valuable info.......

its what makes this board so good!

[therunner]

Just to clue you guys in on the "probable cause" for searching a vehicle...that also goes along with pulling you over. If they are pulling you over for possibly DUI, and smell alcohol on you or in the car, that gives probable cause for searching the vehicle. You must remember that probable cause is in the eyes of the police officer.