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Registered: 08/10/03
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Cops and Searches
    #2057809 - 10/30/03 06:06 PM (13 years, 10 months ago)

My friend just got busted for possession of marijuana, and I told him that he shouldnt of let the cop search his car, because he doesnt have to let them do anything. Arent I right? They need a search warrant to do anything, right? Or am I missing something?

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Re: Cops and Searches [Re: ChopperDave]
    #2057824 - 10/30/03 06:11 PM (13 years, 10 months ago)

Legally, cops need a warrant or a good solid reason for searching the car. For example, if the car absolutely reeks of weed, then they have probable case to search.
But, cops will sometimes still try to search your car, by any means necessary, like calling in the drug dog, or trying to bullshit you.

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Re: Cops and Searches [Re: ChopperDave]
    #2058012 - 10/30/03 07:01 PM (13 years, 10 months ago)

if there's evidence in plain sight or probable cause to search the car then they can. If not then they have to ask you if they can search the car. If you say no then they have to let you go, if you say yes, then they can search it and all evidence is admissible. They also don't have to tell you that you have a right to tell them no- this happened with some serial killer supreme court case when they found a body in the back of his car but they didn't tell him he had the right to decline letting them seach.

I think there was recently another supreme court case ... in 2000, I believe, but I can't remember the title. The guy was suspected of selling drugs so they pulled him over for a minor traffic violation. The cop saw marijuana packets on his front seat. The guy lost his case because the cop had a right to pull him over even for a minor traffic violation, and the packets were in plain sight.

cops can always bullshit though and say you were driving recklessly, or they "smelled something." I haven't heard of that happening but knowing pigs I'm sure it happens daily.

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