If you get pulled over by a cop....

[romy20]

Just for speeding or for something like that, does he have the right to search you and your car?

I mean just cause "he feels like it?"

How does that work, anyone know?

[o-jay®]

No, he has to have probable cause. If he sees a crack vile on the floor of your car, the supreme court would say he has the right to pretty much search all of the car. Likewise, if you open up your glove compartment and he sees some contraband, an open container of alcohol (which in many states is illegal), drug paraphenalia, that too would give hime probable cause to search.

I've been asked to have my car (when I had one) searched and I always say yes because I have nothing to hide. I worry that the cop will somehow try to "come up with" probable cause after the fact.

Bottom line is that he can't search because he feels like it, although I'm sure it happens every day. But to avoid trouble and assuming you have nothing to hide, let him search. Obviously, if you say no, he may get suspicious and give you a hard time, but remember that you have rights too.

[o-jay®]

Let me qualify what I just said. Often times police will set up random checkpoints and check like every other car travelling on a particular street. That, if I recall correctly is perfectly legal. I think that's one of the few circumstances where probable cause is not required. I'll check that tomorrow just to verify that I haven't given any misinformation.

[romy20]

Ok, so what if you do have stuff in your car, but the cop does not know it, and for some reason even though there is nothing suspicous, he still wants to search the car.

I mean if even if you do say no he's still gonna search it anyways right?

[o-jay®]

Originally posted by romy20

Ok, so what if you do have stuff in your car, but the cop does not know it, and for some reason even though there is nothing suspicous, he still wants to search the car.

I mean if even if you do say no he's still gonna search it anyways right?

He may search, but that evidence is the fruit of an illegal search. It's tainted because it wasn't acquired through legal means. Of course the police will give SOME explanation as to why he thought it necessary to search, but a judge SHOULD throw out the evidence in that case because it came from an unreasonable search and seizure, which is prohibited by the fourth amendment.

[vision]

Originally posted by o-jay®

Let me qualify what I just said. Often times police will set up random checkpoints and check like every other car travelling on a particular street. That, if I recall correctly is perfectly legal. I think that's one of the few circumstances where probable cause is not required. I'll check that tomorrow just to verify that I haven't given any misinformation.

cuz some senator or congressman waited like an hour n a half in traffic n he thought it was bullshit so he put it thru to kill checkpoints..i havent seen one in a while

[o-jay®]

The worse thing to do is to forcefully try to stop a cop from searching your car. You should protest, but that's about it. If you lay your hands on a cop, you're in deep poo.

[o-jay®]

Originally posted by vision

cuz some senator or congressman waited like an hour n a half in traffic n he thought it was bullshit so he put it thru to kill checkpoints..i havent seen one in a while

The last time I was in Miami they still had them. Dunno about now.

[boywonder77]

If you don't have anything in the car, then let them search. If they find nothing they'll likely let you go with no ticket. If you know there going to find something say no. They may still search but a decent lawyer will have it thrown out of court in seconds. Most police searches are illegal, but if you say yes than your fucked.