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Discussion Starter · #1 ·
There are a few way we can get into your vehicle, good things for you to know!

1. the easy way is Incident to arrest. If we have a reason to arrest you already (ie. hit and run, or no DL, warrant) We will search the car, we can also call this a inventory because the car will be towed and we want everything the be accounted for before we hand the vehicle off to a tow truck driver.

2. Second most common is the Consent search. We are a slick group of LEO's. We will do a lot to get you to consent to a search of your car. I will not say we lie but we could strech the truth. Do not feel guilty (even if you do have something in the car) if you refuse. I get refused a lot and can't do anything about it. Just stick to your guns. Remember if you say yes to a search and we find something its on you.

3. Plain view/Plain Smell If we can see it or smell it we are in! We may not have to see the whole object. Based on our training and experience we think the neck of that bottle leads to a 40oz of Colt 45 we will be able to search that area of the car.Now if it see a pipe (commonly used for smoking marijuana, and I can smell it) thats enough for me to go into the car and search the whole thing.

4. K-9 hit Variation on the plain smell. What we can do is call in K-9 to smell out the outside of the car. Here is the thing to remember, the K-9 must return in a reasonable amount of time. The bad news on this is you wil be hit up for everything the cop can get you for because he is using the time taken to write the tickets to account for why you were held for so long. Good thing to do is see when the traffic stop occured and when it was cleared. This will all be on record.

Might be more but i just woke up, I will keep you informed
 

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5. Protective seach of a vehicle.a limited warrantless search of the passenger compartment of a vehicle for weapons. We need only a reasonable suspicion that a weapon or potential weapon is in the vehicle. If we find a weapon then we may seize it and continue to search for more even if there is no specific raeson to believe there are additional weapons in the vehicle.

6. Instrumentality of a crime. If we have probable cause to believe that a crime was committed inside the vehicle or the vehicle was the means by which the crime was committed.

7. Probable cause. If we have enough facts, knowledge, training, or experience to provide probable cause that the item we are looking for will be found inside the vehicle then we can search any part of the vehicle, or anything inside the vehicle as along as what we are searching for can reasonably be located there.
 

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Discussion Starter · #3 ·
VTECsqznN2O said:
7. Probable cause. If we have enough facts, knowledge, training, or experience to provide probable cause that the item we are looking for will be found inside the vehicle then we can search any part of the vehicle, or anything inside the vehicle as along as what we are searching for can reasonably be located there.
i just didn't list that because if I have PC i will arrest, then do a search incident to arrest.
 

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Glenfiddich_man said:
i just didn't list that because if I have PC i will arrest, then do a search incident to arrest.
Actually its different from the incident to an arrest search. If the officer believes that they have enough information to obtain a search warrant for a vehicle then it is legal to search the vehicle without a warrant. The vehicle msut have been lawfully stopped or otherwise lawfully accessible and the officer msut have enough facts, knowledge, training or experience to provide probable cause that the item they are seaching for will be found inside the vehicle they want to search. But in essence it is similar to the incident to arrest and plainview etc. Just another way of getting in for the same thing.

ant BTW... The k-9 hits might be changing. There is a case in review by the supreme court on the legality of vehicle searches after a k9 hit. They are trying to decide if the officer needs reasonable suspicion or probable cause or neither to bring the dog out to do a cursory of the vehicle. They are saying its an illegal search but its been pointed out that a sniff is not a search and that the dog is a tool by which we use to help establish pc. SO it will be interesting to see which way the court will lean.
 

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Discussion Starter · #5 ·
VTECsqznN2O said:
Actually its different from the incident to an arrest search. If the officer believes that they have enough information to obtain a search warrant for a vehicle then it is legal to search the vehicle without a warrant. The vehicle msut have been lawfully stopped or otherwise lawfully accessible and the officer msut have enough facts, knowledge, training or experience to provide probable cause that the item they are seaching for will be found inside the vehicle they want to search. But in essence it is similar to the incident to arrest and plainview etc. Just another way of getting in for the same thing.
Thats true, didn't understand the first post. It goes for all conveyances that is how it is defined under florida law.

But this search is hard to do, and you better have your stuff really straight. I have never seen it used in the field or heard any local cases. I would call a detective before I went into the car, jsut to get stuff right, or call the state attorney on call.
 

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Glenfiddich_man said:
Thats true, didn't understand the first post. It goes for all conveyances that is how it is defined under florida law
yea...i think its jsut a different way of sayijgn the same thing jsut so it covers all situations and the like
 

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BabyVadah said:
So basically, if an officer wants to search your car, he can even without consent. (PC, or protective search of a vehicle)

So if you have your glove compartment locked, can the cops not look in there?
Yes, they can search even without consent as long as they have one of the other reason to search.

They can search the glove box even if its locked because it can reasonably contain a weapon or other contraband.
 

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VTECsqznN2O said:
Yes, they can search even without consent as long as they have one of the other reason to search.

They can search the glove box even if its locked because it can reasonably contain a weapon or other contraband.
Damn, Jay-Z lied then, ha ha.

I was gonna put all my Naaawwws in teh glove box.
 

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Discussion Starter · #11 ·
BabyVadah said:
Damn, Jay-Z lied then, ha ha.

I was gonna put all my Naaawwws in teh glove box.
most of the time we really don't have a reason to search the glove box, so we need consent. You are pretty safe putting stuff in there, as well as the trunk.
 

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Johnny Tran said:
I haven't had a chance to write anything up, but dont forget about an "inventory" search :tu
He covered it in the incident to an arrest..but it technically is a different search. But thats basically dealign with impounds.

EDIT: I jsut noticed I'm a mod now...johnny...your ninja skills have improved :ninja
 

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Discussion Starter · #13 ·
VTECsqznN2O said:
He covered it in the incident to an arrest..but it technically is a different search. But thats basically dealign with impounds.

EDIT: I jsut noticed I'm a mod now...johnny...your ninja skills have improved :ninja
wow now somebody has to hire you :p
I just made it part of incident because I have yet to tow a car that has not been a arrest. i am doing real world stuff.
 

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Glenfiddich_man said:
wow now somebody has to hire you :p
I just made it part of incident because I have yet to tow a car that has not been a arrest. i am doing real world stuff.
Oh I agree..i was clarifying...There are situations where you would..but off the top of my head I'm not coming up with one.

EDIT: i'm not used to the edit button being there..so i accidentally edited your post instead of quoting you. :hehe
 

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i used to always think if im not doing anything wrong then they cant really search me but shit i was wrong

about 5 years ago i was pumping gas at a gas station which is next to a police station ok. i had 5 people with me. lucky me i pulled up to the pump and i guess the local gang task force was just coming out of a meeting. they aproched me and said wheres the drugs and guns at??? i told them i dont have none im pumping gas. so they wanted to search i said no and they told me why not i have something i hide. i told them if i did something wrong then they can search my car. they said just let us search and i still refused...about 15-30 mins of this they told me let us search and we will let u go. i still said no. they said ok if u think ur smart ur not...we will let u drive and we will pull u over when u make a mistake. so i said ok i feel sick im not going to drive ill have my car towed home. den they huddled back in they group(maybe like 10-15 of them) then they said ok ur car looks like a racer we will tow it for racing stuff and do a search on ur car after its towed so if theres guns or drugs we will find it so u might as well let us search now. i said hows that??im just pumping gas.then they said ok we will site u for modifications that we see...they threatened me with tickets on lowering, muffler, tinted windows, and a bunch of little shit. i said ok give me my ticket and let me go home. then they huddled up again and discussed it and they asked can we search? this lasted about 2 hours there ok and finally i said what do u guys want? they said to search. i said fuck forget it ill make a deal if i have no guns or drugs will u let me go for everything else? they said yes and they searched found nothing and let me go.

i still remember this story like it was yesterday. is that bullshit or is this legal? after that day everyone who tells me oh cops cant search without a reasonable cause....i tell them bullshit and tell my story.

i was pissed....i mean i would understand if i was robbing the store or something but i was just pumping gas. :eek
 

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Discussion Starter · #16 ·
asianpride559 said:
i used to always think if im not doing anything wrong then they cant really search me but shit i was wrong

about 5 years ago i was pumping gas at a gas station which is next to a police station ok. i had 5 people with me. lucky me i pulled up to the pump and i guess the local gang task force was just coming out of a meeting. they aproched me and said wheres the drugs and guns at??? i told them i dont have none im pumping gas. so they wanted to search i said no and they told me why not i have something i hide. i told them if i did something wrong then they can search my car. they said just let us search and i still refused...about 15-30 mins of this they told me let us search and we will let u go. i still said no. they said ok if u think ur smart ur not...we will let u drive and we will pull u over when u make a mistake. so i said ok i feel sick im not going to drive ill have my car towed home. den they huddled back in they group(maybe like 10-15 of them) then they said ok ur car looks like a racer we will tow it for racing stuff and do a search on ur car after its towed so if theres guns or drugs we will find it so u might as well let us search now. i said hows that??im just pumping gas.then they said ok we will site u for modifications that we see...they threatened me with tickets on lowering, muffler, tinted windows, and a bunch of little shit. i said ok give me my ticket and let me go home. then they huddled up again and discussed it and they asked can we search? this lasted about 2 hours there ok and finally i said what do u guys want? they said to search. i said fuck forget it ill make a deal if i have no guns or drugs will u let me go for everything else? they said yes and they searched found nothing and let me go.

i still remember this story like it was yesterday. is that bullshit or is this legal? after that day everyone who tells me oh cops cant search without a reasonable cause....i tell them bullshit and tell my story.

i was pissed....i mean i would understand if i was robbing the store or something but i was just pumping gas. :eek
they had nothing to hold you, you could have left legally at any time. You had your own witnesses, so I would have called their bluf and drove away. Even if they pulled you over for the window tint and so on that still does not give them the right to search. If you had something (theoretically) you would have a valid argument in court that you felt you were being held against your will, they would have to show why they held you. With no reason anything found in a search is fruit of the poisonous tree(not legally found, not admissable in court)
 

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Glenfiddich_man said:
they had nothing to hold you, you could have left legally at any time. You had your own witnesses, so I would have called their bluf and drove away. Even if they pulled you over for the window tint and so on that still does not give them the right to search. If you had something (theoretically) you would have a valid argument in court that you felt you were being held against your will, they would have to show why they held you. With no reason anything found in a search is fruit of the poisonous tree(not legally found, not admissable in court)
yea so in a situation like that i knoe they wouldnt have let me get in the car and drive off. i understand the point they are trying to make since we had 5 people in the car but the way they aproched the situation wasnt right. but nowdays i notice that i dont get searched for just a regular traffic stop compared to when i used to drive around with a bunch of dudes in the car making it look suspicious.

but as for hood popin is that legal just based on the way our car looks?
 

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Discussion Starter · #19 ·
asianpride559 said:
yea so in a situation like that i knoe they wouldnt have let me get in the car and drive off. i understand the point they are trying to make since we had 5 people in the car but the way they aproched the situation wasnt right. but nowdays i notice that i dont get searched for just a regular traffic stop compared to when i used to drive around with a bunch of dudes in the car making it look suspicious.

but as for hood popin is that legal just based on the way our car looks?
i can't tell you there, we have no laws in Florida that would have me look under the hood of a vehicle. I don't car what you do to a car. I never seen what the big deal is, you can buy a ferrari and drive it around, but if you back a civic or anything else with speed its illegal :confused
 

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asianpride559 said:
yea so in a situation like that i knoe they wouldnt have let me get in the car and drive off. i understand the point they are trying to make since we had 5 people in the car but the way they aproched the situation wasnt right. but nowdays i notice that i dont get searched for just a regular traffic stop compared to when i used to drive around with a bunch of dudes in the car making it look suspicious.

but as for hood popin is that legal just based on the way our car looks?
In california they can do hood pops all they want. Mainly because they see a lot of cars with illegal modifications they use the smog laws to get in. It sucks but thats how things are.
 
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