Speeding= Right to seach car?

[Pumpkinator]

Friend of mine was pulled over for speeding the other day doing 53 in a 45, and the Cop told him since he was speeding he had the right to search his car without consent! What is the law when it comes to consent to seach, or reasonable suspicion to search?

 

[oldmodman]

Always remember that an officer does not have to tell you the truth.

From what has been said in earlier posts it is permissible for the officer to lie to you if he feels that it will further an investigation. Just refuse him permission to search your car. He will than ask you what you are trying to hide.
Just let him know that you like your car just the way it is, and that he is likely to scratch it, mess up the interior and your possessions, and it will take you hours to remove the lingering odor of cheap donuts.

 

[serper3]

not sure if this thread will get back on topic, but i am curious of the answer also. something similar happened to me maybe 7 years ago when i had my gt.
i was at a light making a left turn, waiting for it to turn green. cop passed me going in the other direction, pulls a u, and gets behind me. light turns green, he lights me up. i pull over right away.
tells me he pulled me over for tint. my driver and pass side windows were tinted but they were rolled almost all the way down. asks why they are tinted. i explain its mostly for looks but also has other benefits as well. asks for my papers, walks away. 2 more cops show up. walks back up to my car, asks questions like were i am coming from and were i am going. i have been asked this before but usually when pulled over at night. this was about 2 pm i was 2 blocks away from my college. he told me my car seemed modded and that he wanted me to start it and pop the hood. all my car really had done was exhaust and suspension. i start it, he asks me to get out of the car, open the hood and sit down on the curb. after several mins of them looking under the hood.. the cop was like we also need to search your car. those were his words, but he stopped there as if asking for my permission. i was like.. ???? ok... do i get a choice? i would rather you not. he was like its just something we do. all they pretty much did was pop my trunk realize nothing much was back their, gave me a fix it ticket for my tint and let me go.
i was about 18 at the time. i am white and so were the cops. my driving record is clean and no other things as far as criminal record. i was nice/normal to the cops the whole time answered all the questions etc. i look like a good, clean cut person, no tattoos, mohawk etc..
my thoughts are that since i have nothing to hide why not let them search the car. on the other hand, i honestly felt violated since i really saw no reason for them to search my car as far as mods or opening my trunk. it was somewhat embarrassing as well since it was close to school, i was sitting on the curb and there were 3 cops there. (back then i was 5.9 140lbs so its not like they needed all the back up lol)
anyway, advice in similar situation? was what they did allowed or maybe not so much? this is in california btw. i tried to be as detailed as possible but if any questions on what happened let me know and i will explain further or clarify. sorry about the length.

 

[Rice Killa]

Cops will say anything to see if you get nervous and etc. Then it gives them probable cause to search if they notice that you do get nervous or start acting strange. Most drug bust happen while speeding and once they are pulled over, the cop notices strange behavior and etc.

 

[FordSVTFan]

stop the bickering. Take your fighting to pm or smackdown.

 

[ashleyroachclip]

Back on topic you have the right to refuse Having your car searched Until they arrive with a proper warrant

 

[WP64]

AMENDMENT IV, US Bill of Rights

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.

But here's what they can do, "I smell pot." You're done... So it all come back to the honesty of the LEO.

 

[FordSVTFan]

Back on topic you have the right to refuse Having your car searched Until they arrive with a proper warrant

Unless they have P.C. For the search or if there is something in plain view or subsequent to arrest, etc.

 

[WP64]

Unless they have P.C. For the search or if there is something in plain view or subsequent to arrest, etc.

^^^ Why'd you take it out then put it back in :shrug:

 

[FordSVTFan]

^^^ Why'd you take it out then put it back in :shrug:

what are you talking about?

 

[WP64]

what are you talking about?

Tell me something, Adam, if svtcop has me on ignore can I see his posts? I know he won't see mine, but will I not see his either :shrug: because I don't see his first post besides in your quotes in post #8.

Something else is strange, where's Pumpkinator's second post? I see it quoted in your post #8 but I don't see it above that???
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[LOL WUT]

Like stated above if an officer wants to search your car they will find a way to. All they need is probable cause i.e. you being nervous, acting odd, "smells like pot", ect. They will find a way if they really want to.

 

[Outlaw99]

you will see that he posted, but the contents wont be there.

 

[FordSVTFan]

Tell me something, Adam, if svtcop has me on ignore can I see his posts? I know he won't see mine, but will I not see his either :shrug: because I don's see his first post besides in your quote.

Now I see what you are talking about. I didnt quote those two. Must be a computer glitch. If someone has you on "ignore" they wont see your posts but you should be able to see theirs. Im going to remove those two quotes. Thnx.

 

[WP64]

now i see what you are talking about. I didnt quote those two. Must be a computer glitch. If someone has you on "ignore" they wont see your posts but you should be able to see theirs. Im going to remove those two quotes. Thnx.

ok...
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[trc46]

Why You Should Refuse Police Searches - YouTube


Say it with me. I DO NOT CONSENT TO SEARCHES.

 

[svtcop]

not sure if this thread will get back on topic, but i am curious of the answer also. something similar happened to me maybe 7 years ago when i had my gt.
i was at a light making a left turn, waiting for it to turn green. cop passed me going in the other direction, pulls a u, and gets behind me. light turns green, he lights me up. i pull over right away.
tells me he pulled me over for tint. my driver and pass side windows were tinted but they were rolled almost all the way down. asks why they are tinted. i explain its mostly for looks but also has other benefits as well. asks for my papers, walks away. 2 more cops show up. walks back up to my car, asks questions like were i am coming from and were i am going. i have been asked this before but usually when pulled over at night. this was about 2 pm i was 2 blocks away from my college. he told me my car seemed modded and that he wanted me to start it and pop the hood. all my car really had done was exhaust and suspension. i start it, he asks me to get out of the car, open the hood and sit down on the curb. after several mins of them looking under the hood.. the cop was like we also need to search your car. those were his words, but he stopped there as if asking for my permission. i was like.. ???? ok... do i get a choice? i would rather you not. he was like its just something we do. all they pretty much did was pop my trunk realize nothing much was back their, gave me a fix it ticket for my tint and let me go.
i was about 18 at the time. i am white and so were the cops. my driving record is clean and no other things as far as criminal record. i was nice/normal to the cops the whole time answered all the questions etc. i look like a good, clean cut person, no tattoos, mohawk etc..
my thoughts are that since i have nothing to hide why not let them search the car. on the other hand, i honestly felt violated since i really saw no reason for them to search my car as far as mods or opening my trunk. it was somewhat embarrassing as well since it was close to school, i was sitting on the curb and there were 3 cops there. (back then i was 5.9 140lbs so its not like they needed all the back up lol)
anyway, advice in similar situation? was what they did allowed or maybe not so much? this is in california btw. i tried to be as detailed as possible but if any questions on what happened let me know and i will explain further or clarify. sorry about the length.

As far as the modifications go that would constitute an inspection. Looking under your hood in california while performing an inspection wouldn't constitute a "search".

As far as them needing to search your car...Some guys used to say that to everyone they stop. Ask if they were transporting any guns/drugs/large amounts of cash etc. Sometimes I would see officers ask to search and get consent and then not. It used to be engrained as a routine question posed on a stop. But saying "we need to search your car". That's not gonna fly.

Problem with that is the wording they may use. Consent to search is just that, consent. I can't say "I'm gonna search your car" and just hope that you don't say "no" You have to tell me I can (if I have no probable cause or warrant of course). Which means I have to present it to you as a question.

When we (our Dept.) perform searches now that are consent based we have a consent to search form completed. They read it, we read it to them and they sign it. They are explained in the form their rights to refuse and also their rights to remove consent during the search. (as long as nothing illegal has been found at that point) They could also consent to certain areas and not others. You could say, "you can search my passenger compartment, but not my trunk." We are also limited when it comes to locked compartments in vehicles.

 

[svtcop]

Cops will say anything to see if you get nervous and etc. Then it gives them probable cause to search if they notice that you do get nervous or start acting strange. Most drug bust happen while speeding and once they are pulled over, the cop notices strange behavior and etc.

Like stated above if an officer wants to search your car they will find a way to. All they need is probable cause i.e. you being nervous, acting odd, "smells like pot", ect. They will find a way if they really want to.

I would never search a car based on someone being "nervous". It might make me continue to look for things or keep digging so to speak, but "nervousness" isn't gonna be enough to search a vehicle. That's way too open to interpretation for me.

I've been on plenty of stops with college kids who are freaking out because they probably have a case of Natural Light in the trunk. You know they aren't moving kilo's of cocaine, but shit they sure are acting like it. :dw: But when I ask, they won't give consent. I do what I can but when they tell me no, I just move on.

I've read too much case law concerning law enforcement **** ups. I'm not gonna be "that guy" everyone else reads about. :nonono:

 

[PSUCOBRA96]

speeding alone is not probable cause to search a vehicle, the offense has no relation to the need of an investigation of the interior compartments of your vehicle. If during the traffic stop probable cause arises for some other legitimate reason there may be an exception. Consent trumps your right to object later, always refuse consent, never consent always refuse, refuse but do not interfere or attempt to stop the search other then asserting your right to refuse.

 

[svtcop]

s Consent trumps your right to object later

You have the right to remove consent after giving it. It's not absolute.

Obviously as long as nothing has been found.

But in my experience, if something of real value has been found. We will back out, secure the car and tow it to the PD. I have obtained many search warrants after finding things in vehicles this way. It's just a little more insurance and sometimes Officers get ahead of themselves. That's when mistakes happen and people look stupid.

Might was well put the judges name on my search. He/she certainly won't throw it out at a suppression hearing later.