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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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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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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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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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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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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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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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Discussion Starter · #31 ·
mrmyz said:
with the dog thing that usually only happens in smaller areas. where I live its to big and they have to much to worry about to wait for the dogs or even care to take it that far unless somethings really up. I hear about them actually bringing the dogs more up north but it rarely happens here in miami unless something is really up. the dogs only allowed to smell the outside of the car to right?
unless you get stopped by a K-9 handler, then your facked :p
 

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Discussion Starter · #41 ·
civic_x_95 said:
Ok I have a question... about 2 yrs ago three of us were driving home late one night from a club, cop pulled us over for a headlight out. No biggie, didnt know it was out. But the first thing he said after he asked the driver for license and reg is "have you been drinking or smoking?" ok... reasonable question, we hadnt had anything to drink or smoke, so we said no, he replies "yes you have, you have to be, why else would 3 20 yr olds be driving at 3am". WTF!!!! There was no bottles of even pop in the car, no one even smoked cigs in the car, let alone anything else. He had us all stand outside of the car in a line about 20ft apart, told us if we moved or even spoke he was going to arrest us, searched each one of us, patted us down, emptied our pockets, found nothin on us. Searched the car, violently, ripping stuff apart, throwing things around, found nothing. Then let us go. I thought it was bullshit. And when I feel a officer is wrongfully accusing me of something I get extremely cocky and should keep my mouth shut but I dont, but I watch what I say and twist things around and have had a couple officers stummble over there words with no answers but those are difefrent stories. Anyways, was this just some pissed that he didnt get laid the night before officer out to be an ass? My friend never gave permission to search his car, the officer just told us not to say anything then started searching. Could he have done that or was that wrong?

And one more inncident... I was with a friend, got pulled over for speeding I think, it was a while ago. Officer was real nice, asked to search the car my buddy said yes there was nothing to hide, when the officer searched the trunk he smashed through the subs!!!! My buddues like WTF!!!! Said he ws checking for and drugs that might be hidden in the box. Now to me he shouldnt have been able to do that. Right?

Just wanted to add I have no problem with cops, untill they wrongfully accuse me or are asses, which I will be an ass back. I have know plenty of cool cops.. but there are the ones who are just asses. Shit I know a few cops that built a 10sec mustang and race it along side of me at the track! And I know a few that have ran me on the street in the squad cars, which are slow by the way... :D
they have to ask to search. just read the beginning of this post to see how we can search. As for the rest I can't speak for another Officer, sorry. Its not common practice trust me.
 

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Discussion Starter · #43 ·
IcyHotStuntaz said:
As a sidenote. Cops CAN do anything they wish. Yes cops CAN search and do whatever they want. It just a matter of it standing up in court etc. But, the police usually don't cross the line too much.
we don't do it because we will lose credibility in court when we make bad cases
 

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Discussion Starter · #46 ·
saint said:
I have serious problmes when a LEO lies to violate my privacy.
You have to take everything with a grain of salt. There are good people and bad people in every area. I mean look at the mess the Catholic Church had with boy lovers. You just have to focus on that more of us are good than bad. Its just a part of human nature that some are flawed.
 

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Discussion Starter · #50 ·
Johnny Tran said:
The windows being tinted would not influence my decision to try and find PC to search the vehicle. If the windows however are tinted to where I can not see in, I would tell them to roll them down before I approached the vehicle for my own safety. As far as a "messy" car, that would not necessarily influence me either. If I do not have a reason to search I can try to find something in plain view. If the car is a mess, I may or may not be able to find some form of contraband in plain view.

As far as the drugs question...If there is more than one occupant in the vehicle it would depend on the circumstances to determine who would get arrested, such as where the drugs were located in the car related to where the passengers were, and who admitted possessing them. If no one admits to the drugs in a car, everyone gets charged. It really depends on the circumstances...
what he said^^

As for searching a vehicle, its hard to explain. Usually I get a "feeling" something is not right. Its a combo of the way the driver is acting, what I observe in the car, what I smell. I am sure may have passed under my radar, but I can't search every car. It has to do a lot with where ppl are driving and when they are also.
 

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Discussion Starter · #53 ·
fr33Whitley said:
ok..this ticket is paid and gone but heres the story.
a friend and i were driving in seperate cars to a friends house. where we were turning from, you had to make a right out of the parking lot and then a left at a light. it's a 2 wide turning lane and you turn onto a 4 lane street. so i'm behind my friend in the left lane of the turning lane. at this time, there was construction going on in the right lane of the street you turn left on to, so it was closed. my friend that was in front of me doesn't go this way very often so she got into the right lane before it ended. i stayed a few car lengths back because i knew she would have to get back over into my lane. after we passed the construction, we both got into the right lane. after we got into the right lane i saw a car fly up onto me and i was like WTF? id didn't pay any more attention to it and kept driving. turns out it was the fuzz and he pulled me over as soon as i got into my friends apartment complex. he asked if i knew the people in the car in front of me and i said yes. he said we were drag racing and i was doing 60 in a 40. we were absolutely NOT racing (i was driving a 1.5 bone stock 92' sentra) and when i told my friend how fast the fuzz said i was going, she said she never got over 45. so WTF was up with that? i got careless driving and had to pay $163 after late fees because my friends dad was supposed to pull the f*ckn*g thing and he never did.

another thing. if you know good and well that you haven't been smoking weed in your car, and a cop says he smells it and wants to search your car, can you say no? or does all he have to do to search your car is shay he/she smells weed?
the first part of your post does not belong in this thread, it goes in the "i wanna bitch about a cop" thread. As for sme that gets us in, can't refuse then. Most of the time we will get another officer there, or a K-9. But everyone always says "theres nothing in the car". I have yet to have someone tell me out of the blue that they have drugs in their car.
 

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Discussion Starter · #56 ·
GreenLantern said:
how about pulling door panels off and breaking all the clips so the door wolnt go back togethier nothing in car just in a bad part of town he tolk my voice recorder said it was stoled and if i didnt have a recite right there it was his... then goes and stops the kid we droped off there and finds a waad of ones and puts him in cuffs saying he was selling us something... gota love fla pd
Tuning 101 said:
wtfux? you sure you're telling the whole story?
No but I know cops in Melbourne and I will get the story. People’s versions are always skewed. What he wrote is pure corruption, and I have a strong doubt of what he states happened. Slander a cops reputation without facts and proof, or the whole story and se where is gets you. Is that your car in the sig?
And when you portray Officers in FL as being bad, that’s a personal attack on me, and does not put you in a good spot. I suggest in the future you either A. Treat Officers with a little more respect. B. Check to see where the Officers on a forum are from. (I'm too close for comfort to you buddy)

And I have your plate.
 

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Discussion Starter · #59 ·
BlueBallz said:
He gets pulled over for something minor, (I forgot what),
and the COP pulls his record, (which I'm sure showed his
pending drug citations), so he asks him if he could do a
search. Well, being the stubborn jackass that he is, he says
"NO", so they call in a K-9 unit, walk the dog around a few
times, and nothing. So one COP gets a dog toy and throws
it at his car; the dog jumps at it, and: "AHH! That's a hit!
He's got something!" :lol When he told me this I laughed
my ass off. When a COP asks to search, just let them,
because if you don't, they WILL find a way. He was clean,
BTW. I told him not to be such a hardnose about it, but
he doesn't listen to what I say.
i see a few flaws in the story. If the dog makes a hit, we no longer have to ask to search the vehicle after the hit. So they were just making a fool out of your buddy. there are better ways to make the dog "hit" that a witness would never catch.
 

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Discussion Starter · #67 ·
CRXican said:
street racing is not a crime

bothers me that they try and treat you like a common criminal for simply exceeding the speed limit
yeah, its called a misdemeanor. we can even take your car for doing it. Also there only has to be one car for it to be called racing as well.
 

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Discussion Starter · #70 ·
quicksilvia said:
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 FL its a civil infraction to get a citation, so its not an arrest. But if we can articulate that your speeding was putting others safety in danger we could get you for reckless driving. Reckless is a criminal driving action, and that would give us athe ability to search. And its search incident to arrest. :D
 

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Discussion Starter · #72 ·
425MPD said:
In Ohio its concidered an arrest, but your signature on the cite is like a signature bond saying that you will pay the fine or appear in court. If you refuse to sign the cite I can arrest and then search the vehicle incident to arrest for the tow log.
in FL if you don't sign a citation you get a criminal citation and that means we can search. But just a moving violation is not an arrest, because you can't take anyone to jail just for that reason.
 

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Discussion Starter · #87 ·
If you're the only one in the car it’s your responsibility, end of story. Most cops won't take someone to jail for what you explained, but some will.

Just remember once you take responsibility for the car and drive, you get everything that comes with that. No matter if the car is yours or not.
 
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