[enkeivette]

I learned something interesting tonight in Crim Pro. To keep it simple, if a cop ever asks you for permission to search your car. If you have something to hide, refuse. When he threatens to get a warrant, call his bluff. He's not going to be nice when he finds your stash and he's not going to cut you a deal for allowing him to search your car.

Police don't need to get a warrant to search your vehicle, there is an exception for autos when it comes to search and seizure, if they have probable cause, they can search without your permission and without a warrant. So... if they're asking for your permission or threatening to get a warrant, it means that they don't have probable cause, they don't have the right to search your car and they don't have basis for a warrant.



For the record I don't smoke weed and I don't have anything illegal in my cars. Just thought the rest of you stoners might care to know this.

[Vettezuki]

Good advice.

What's the deal in California, say if I just happen to have a baseball bat laying in my back seat, no glove or anything else. I've heard what sound like urban myths regarding police authority to arrest on the basis you might be up to no good, or possession of a letha weapong, etc. This sounds a little like bs, even to me . . . or should I put my tin foil hat back on immediately before the government mind beams gain total control?

[kdracer73]

I am not a smoker or a cop, but I know pot when I smell it. I am always around or in customer cars that are pot users. Most people I have talked to that got busted for pot in thier vehicle, can't believe the cop smelled it before he found it. People, your car STINKS like pot I have had to drive cars like Jim Carey in Pet Detective so I could aviod the contact high

[BRIAN]

Originally Posted by enkeivette

... if they're asking for your permission or threatening to get a warrant, it means that they don't have probable cause, they don't have the right to search your car and they don't have basis for a warrant.

How does this hold up in court? I've only been to court once in my life so I don't realy know the ball game but do I tell the judge. "Hey this officer violated my rights in illegally searching my car. How do I know, because he asked me for permission to search."

I've been searched before and they didn't ask for permission

[Vettezuki]

Originally Posted by BRIAN

. . I've been searched before and they didn't ask for permission

If they didn't have probable cause (kinda sticky area), they flat out violated your 4th Amendment rights.

[enkeivette]

He will need to show probable cause to search without your permission, if he cannot it was a violation of the 4th amendment and the judge will throw the case out. It's really at the judges discretion.

Probably cause is vague, more than bare suspicion, less than condemning evidence. If the cop finds a bag of unscented cocaine in your glove box, it's going to be hard for him to justify his reason for searching. He couldn't have seen it, he couldn't have sensed it otherwise. If you're a moron who smokes in your car and the smell is everywhere, I would say that he does have probable cause to believe that you might be in possession.

If he can't smell anything, he can't see anything, and he can't hear the hooker tied up in your trunk, then he doesn't have probable cause. But if he sees you drive away suspiciously from a known drug dealers house, he probably does have it. Just ask yourself, does he really have a reason to search you? If not, it's likely the judge will agree with you.

[enkeivette]

As for the baseball bat, that's a tricky one. I would say it depends on the circumstance. driving around at 2am in the hood with it in the passenger seat, probably yes. Driving away from a highschool field at 2pm with it under the hatch, probably not.

[enkeivette]

Originally Posted by Vettezuki

If they didn't have probable cause (kinda sticky area), they flat out violated your 4th Amendment rights.

Nice one Ben, you beat me to it.

[Vettezuki]

Originally Posted by enkeivette

As for the baseball bat, that's a tricky one. I would say it depends on the circumstance. driving around at 2am in the hood with it in the passenger seat, probably yes. Driving away from a highschool field at 2pm with it under the hatch, probably not.

Not really a big fan of connecting the law (with serious consequences against your persona and/or property) to someone's interpretations of circumstance . .

[enkeivette]

Originally Posted by Vettezuki

Not really a big fan of connecting the law (with serious consequences against your persona and/or property) to someone's interpretations of circumstance . .

Then you should move to a different country, one without judges. Unless there was a case with almost exactly the same set of facts as yours, from a higher court, the judge is free to use HER discretion. (See, I'm not sexist)