[VTECsqznN2O]

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.

 

[VTECsqznN2O]

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.

 

[VTECsqznN2O]

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

 

[VTECsqznN2O]

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.

 

[VTECsqznN2O]

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

 

[VTECsqznN2O]

wow now somebody has to hire you
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

 

[VTECsqznN2O]

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.

 

[VTECsqznN2O]

yea but is there a law on that? for an officer to look? what i hate is getting sent to the ref just because an officer doesnt knoe. i had the last guy say is umm all that legal i said yes and i showed him my carb numbers and he still sent me there and i passed :rolleyes wasting my time.

is all violations now referee signoff only? i had this ticket for modified exaust and i never recieved a letter for it

There is no law that I can quote for hood pops cuz i dont know where to even look to find it. Just suffice it to say that they can do it.

and as far as everythhing going to the ref now..i'm not sure, I havent seen an equipment ticket in awhile.

 

[VTECsqznN2O]

is it normal for cops to take interior panels off?

really depends on the situation. If a dog hits on the panel yes, if it looks like the panel is being used to hide weapons/paraphanalia then yes. But jsut as part of a search of the vehicle, not really.

 

[VTECsqznN2O]

With the Patriot Act in effect for the past few years, can't law enforcement search a vehicle (or anything else) at will anyways?

no, the search and seizure laws are still basically the same.

 

[VTECsqznN2O]

So my car can be searched regardless of what I say?

If I were to say, "you can search my car as soon as your Supervising Officer and my lawyer arrive," do they have to wait?

it all depends on the situation. If we have PC to search, we will search no matter what you say. We jsut ask to see if you will admit to anything, try to hide something, etc. Now if we jsut want to search and have nothign to use to get in the car, and you say we can based on those circumstances, its a waste of our time. But we may start digging to find a way in. Because you arn't ENTITLED to have yoru lawyer there for a vehicle search. SO that really doesn't matter. As far as waiting for a supervisor, if we really think you are hiding something and we want in, we may call a sup. out there and see what we can dig up.

 

[VTECsqznN2O]

So basically, you can do whatever you want? There is nothing really to protect someone (if, of course, they aren't hiding anything) from having their car searched. If you want to search someone's car, you're going to find a way to do it.

And I'm not saying, "you," as in you, just in general.

well...you are protected. Which is why we cant jsut walk up, rip you out of the car, tear through yrou car, and leve. We have guidelines that we haev to follow and certain things we have to show to be able to get into the car. But it is fairly easy to get in a car if we really want to get in. BUt there are times when no matter what you do, you jsut can't get in the car legally. And you knwo the guy is dirty as sin..but you jstu cant prove it..then you jsut have to let him go.

 

[VTECsqznN2O]

So, in theory, could I be pulled over, and have the Officer claim he smells marijuana (when he doesn't) and search my car? Is there anything to stop him from that (other than a conscious)

I'm not trying to be difficult, I'm just trying to understand how some of these laws are expected to work.

If you smell it inside the vehicle the car is yours. Because at that point you would be pulling the driver out to check for symptoms of marijuana use and if they do show signs of it then they are going to jail.

But basically, there is nothing stopping him from that other then conscious.I mean yea, the law is stopping him from it. BUt if he is already lyign about it then the law mean snothing to him.

 

[VTECsqznN2O]

I have serious problmes when a LEO lies to violate my privacy.

we do too

 

[VTECsqznN2O]

Glad I wandered upon this. The first damn reason answered my question. I'll take time to read the rest later.

I was stopped for street racing and the lovely officer was practically having a fit of excitement that he was going to impound it. The hand cuffed me and such and procceded to search my car. I was confused at the correlation between driving fast and needing my car searched.

Thanks for the post.

P.S.

I didn't get my car taken and didn't get a ticket. They should have left me alone and got the other guy.

cause you didnt do anything wrong did you? And it was all the other guy. :rolleyes

you did it, you got caught. You're lucky they didn't SIEZE your car, arrest you, and revoke your license.

 

[VTECsqznN2O]

street racing is not a crime

bothers me that they try and treat you like a common criminal for simply exceeding the speed limit

street racing is a crime. Its called a speed contest and is a misdemeanor.

 

[VTECsqznN2O]

If you get a ticket for speeding is that considered being "arrested" ?
If so on that grounds can they go with a search persuant to arrest?

in california a ticket is essentially an arrest, however it does not give grounds for a search pursuant to an arrest.

 

[VTECsqznN2O]

OK..this is a quick quesion. I was at a stop light....on my HONDA motorcycle(so i can post it here..lol). I was in the left lane...and a lady was in the right lane...in a suv. WEll...after the light turned green we both started moving. I knew the cop was behind be so i wasnt about to do anything stupid. WEll....he blew his lights and pulled me over. I knoiw i did nothing wrong becasue i was closely monitoring my speed. Well as it turned out my license was suspended( i didnt know it was). He said he pulled me over because he "randomly" ran my license plate and saw that it was suspended. He even said if it wasnt he would have let me go. Does he need PC to even run my license plate? or can he not do that without having PC? i mean...i was at a stoplight for christ's sake. what could he possibly pull me over for. I wasnt moving...bot feet where on the ground.....i was in neutral so i didnt have my hands on the grips. Thats the exact situation. So was he right to do that?

we can do random plate checks...Seen that many times where you jsut roll up on some car out of the blue and run the plates..great way to find a stolen car.

 

[VTECsqznN2O]

way to grave dig a 2 year old thread...