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OfflineAmazonianGuru
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Re: when can a police search your car? [Re: nooneman]
    #21852571 - 06/24/15 08:59 PM (8 years, 7 months ago)

I'm in Manitoba and this happened in the province west of me

http://truth11.com/2009/03/04/marijuana-smell-not-enough-to-warrant-a-police-search/


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Offliner00tuuu123
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Re: when can a police search your car? [Re: Ihateyou]
    #21852577 - 06/24/15 09:01 PM (8 years, 7 months ago)

Quote:

Ihateyou said:
No, I'm seriously asking that question for that specific answer. Just ANYTHING that can lead to a search being thrown out. Don't even worry about the excuses or lies.


And you were given truthful answers Pretty much any time they feel like it. Cops are taught from day one at the academy that their main job is to make arrests and there are any number of reasons to pull you over. Even if you are the most straight up law abiding citizen on the planet a cop is taught to find a reason to pull you over then you are suspected of a crime and then they can stretch the boundries of probable cause. Hmm this guy didn't signal a turn let's see what else he might be up to?


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:kingcrankey: Please report me to a Mod for hurting your punk ass hippie feelings :flipthebird: And all time Champion thread killer.:thatsayes:


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OfflineIhateyou
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Re: when can a police search your car? [Re: r00tuuu123]
    #21852688 - 06/24/15 09:24 PM (8 years, 7 months ago)

Thanks for the replies especially that link to the thread.


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Offlinekoods
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Re: when can a police search your car? [Re: Shroomism]
    #21852833 - 06/24/15 10:05 PM (8 years, 7 months ago)

Quote:

Shroomism said:
It's extremely rare... but people have had cases thrown out in court where the officer found like an ounce of weed or something, because they didn't have probable cause in the first place.
But yeah... very rare.




It's very rare because almost nobody ever says no. You actually have to not consent to a search for you to have a case.


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Offlinekoods
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Re: when can a police search your car? [Re: DOBAS]
    #21852844 - 06/24/15 10:09 PM (8 years, 7 months ago)

Quote:

DOBAS said:
Quote:

nooneman said:
The police can and will search your car whenever the hell they feel like it. Whether or not it holds up in court is another matter, but it usually does.



This. Don't believe the "probable cause" argument because the police officer can make up anything to get your vehicle searched. And if you deny him access to your vehicle,  he will call in a drug dog, trigger the dog to alert, and tear your vehicle apart



The Supreme Court just ruled recently that the police cannot detain you beyond the time necessary to take care of whatever the original offense was. Say you get pulled over for speeding. It only takes five minutes or so to write out a ticket. They can't make you wait for their dog to show up. A half hour later.


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NotSheekle said
“if I believed she was 16 I would become unattracted to her”


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OfflineIhateyou
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Re: when can a police search your car? [Re: koods]
    #21852851 - 06/24/15 10:12 PM (8 years, 7 months ago)

Quote:

koods said:
Quote:

Shroomism said:
It's extremely rare... but people have had cases thrown out in court where the officer found like an ounce of weed or something, because they didn't have probable cause in the first place.
But yeah... very rare.




It's very rare because almost nobody ever says no. You actually have to not consent to a search for you to have a case.



what if they don't ask?


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InvisibleEnlilMDiscord
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Re: when can a police search your car? [Re: Ihateyou]
    #21852854 - 06/24/15 10:12 PM (8 years, 7 months ago)

To search the passenger compartment, they need reasonable suspicion that you have a weapon.  Reasonable suspicion is defined as articulable facts that would lead a reasonable person to suspect the presence of a weapon.

To search the entire vehicle during a traffic stop, they need probable cause.  Probable cause is facts and circumstances that lead to a determination that there is a reasonable chance that evidence of a crime will be found.

There are literally millions of different possible scenarios that could lead to an unlawful search, and no one can possibly articulate all of them.  You should start by stating the facts of how the stop and search took place.


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OfflineD.M.T
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Re: when can a police search your car? [Re: koods]
    #21852868 - 06/24/15 10:16 PM (8 years, 7 months ago)

Quote:

koods said:
Quote:

Shroomism said:
It's extremely rare... but people have had cases thrown out in court where the officer found like an ounce of weed or something, because they didn't have probable cause in the first place.
But yeah... very rare.




It's very rare because almost nobody ever says no. You actually have to not consent to a search for you to have a case.



Most drug possession cases never make it to trial either. Suppressing evidence is pretty tricky, so the plea bargain is usually more attractive.


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OfflineLuSiD enthusiast
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Re: when can a police search your car? [Re: DOBAS]
    #21852870 - 06/24/15 10:17 PM (8 years, 7 months ago)

Quote:

DOBAS said:
Quote:

nooneman said:
The police can and will search your car whenever the hell they feel like it. Whether or not it holds up in court is another matter, but it usually does.



This. Don't believe the "probable cause" argument because the police officer can make up anything to get your vehicle searched. And if you deny him access to your vehicle,  he will call in a drug dog, trigger the dog to alert, and tear your vehicle apart



I 100% agree with you except ive heard recently that it was deemed unconstitutional for cops to make you wait for a dog at a traffic stop. Although what are you gonna do if they say to wait for a dog? Run? :lol: we already know what happens to people who run from cops, and half the people on this site will defend the cops reaction to your running.


--------------------
I'm addicted to coke, weed, booze, ludes and speed.
Not LSD, you can't get addicted to LSD, it was built by scientists.

I ain't got no demons that gonna get woke.


In erowid we trust.

Just take your damn pills and don't ask any questions, you'll be fine.


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OfflineEnjoywho
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Re: when can a police search your car? [Re: LuSiD enthusiast]
    #21852922 - 06/24/15 10:32 PM (8 years, 7 months ago)

Whenever the fuck they want to. Give them immediately what they know they'll find. When I got my first dui I had 90 extasy pills and 5 individually bagged bags of weed. I gave him my personal stash and my pipepile . And I didn't have to stay more than 4 hours in jail just went through processing.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


Edited by Enjoywho (06/24/15 10:33 PM)


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OfflineEnjoywho
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Re: when can a police search your car? [Re: Enjoywho]
    #21852931 - 06/24/15 10:35 PM (8 years, 7 months ago)

Don't say shit I would have been so fucking fucked. Especially in Alaska it was decremanilized a long time ago. I just shut my fucking mouth. I remember picking my car up the next day and the first thing that came to hand was the extasy. The dui sucks but thank God. I would've been so fucked.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


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OfflineEnjoywho
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Re: when can a police search your car? [Re: Enjoywho]
    #21852942 - 06/24/15 10:39 PM (8 years, 7 months ago)

I remember him asking me do you have any drugs in the car? I was like yes hold on and grabbed my personal tin and pipe. I went to jail but fuck I thought I was so fucked.

If your just sort of honest your not gonna get off Scott free and your mileage may vary. But that's story.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


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OfflineD.M.T
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Re: when can a police search your car? [Re: Enjoywho]
    #21852944 - 06/24/15 10:39 PM (8 years, 7 months ago)

Alaska State Troopers TV show makes that state look fucked. Don't consent to a search? Fine, we'll just tow your car and have a dog sniff it for a warrant. I don't know anywhere else that does that.

Wonder if this Supreme Court ruling people keep mentioning will change that.


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OfflineEnjoywho
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Re: when can a police search your car? [Re: D.M.T]
    #21852955 - 06/24/15 10:43 PM (8 years, 7 months ago)

Fuck dude I was at the festival in Girdwood. They were filming every time I saw there pack I immediately turned the other way. I watched evert car get yanked between 1-3 so many people arrested it's sad.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


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OfflineEnjoywho
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Re: when can a police search your car? [Re: Enjoywho]
    #21852961 - 06/24/15 10:45 PM (8 years, 7 months ago)

And I would have told them to go fuck themselves but I know that would land me in jail but ya know. Freedom of speech is supposed to be a thing?


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


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InvisiblePrisoner#1
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Re: when can a police search your car? [Re: Ihateyou]
    #21852975 - 06/24/15 10:50 PM (8 years, 7 months ago)

Quote:

Ihateyou said:
well, yeah but when do they have the right to search your car?





under the law they have to have probably cause, meaning that they know a crime
has been committed and they're simply collecting the evidence through the search
also by law, you can insist on a search warrant to be present and in your hand
before you allow that search, if they are so positive that you are in possession
of say a pound of marijuana then they'd have no problem getting a search warrant,
the car is in fact an extension of your home and subject to most of the same
laws regarding searches. keep in mind that cops will try to use some tricky
wording to gain permission, they'll ask "do you mind of I search your car" a
simple no is a persmission, your responses need to be articulate, specific and
firm. they also need to be consistent

cop: can I search your car?

you: I do not give you permission to search my car

cop: do you have something to hide?

you: I do not give you permission to search my car

cop: you refusing the search tells me you're hiding something

you: if that is your belief then I'm sure you'll have no problem obtaining a
search warrant from a judge

cop: if you just let us search things will go much easier on you

you: I do not consent to a search of my vehicle, am I free to go?

cop: you're not free to go, I'm going to search your vehicle

you: am I under arrest or being detained, I would like to know what charges and
I need to inform you that I do not consent to a search of my vehicle

there is no need to be Mr.Politeness, dont be an outright dickhead but make
sure that you speak above a normal tone and clear so that any recording devices
will capture your voice, if the cop is someone quiet, ask him to seak up as
well as you suddenly suffer from mild hearing loss

when you exit your car, lock the door and put the keys in your pocket or you
can do as I do, lock the keys in the car. do not fight or argue with the cops,
if he is determined to search your car then you should not stop him or try to
stop him outside of the verbal announcement that you do not consent to a search

any cop that has probable cause will know what you have and the general area
where it's located such as the trunk or the passenger compartment, he'll be
able to specifically state these things before his search and you most
definitely need to ask. all of these things will play in your favor in court

now, in the case of an illegal search, anything found will most likely be
tossed out as inadmissible because the search that uncovered it was an illegal
search. if you are arrested for a warrant or something they will frequently
search your car to 'inventory it' before it goes to an impound lot, this is one
of the reasons for locking the car when you get out

if you're like me, you will never be holding anything illegal so any search is
an illegal search and when nothing is turned up in an illegal search it really
makes them look like fools when you take it to court especially if a drug dog
has alerted on the car. I've had several sniffs but never once has a dog given
a signal. make sure to ask the dog handler exactly what the dog's signal is,
most will bark a couple of times and then sit down and wait for a reward.
anything other than that specific alert action is a cop yanking your chain
because he certainly wants to search.


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InvisiblePrisoner#1
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Re: when can a police search your car? [Re: Enjoywho]
    #21853013 - 06/24/15 11:00 PM (8 years, 7 months ago)

Quote:

Enjoywho said:
And I would have told them to go fuck themselves but I know that would land me in jail but ya know. Freedom of speech is supposed to be a thing?





I've cussed a cop on a few occasions, down right dickhead cop cussing, telling
him exactly what I thought, while it is legal for you to speak your mind, it's
illegal for them to arrest you for doing so which is why they have charges such
as disturbing the peace. make sure when you say things such as "do you suck cock
because you damn sure look like a dirty cock sucker you retarded parking lot
nazi" that you do so at a moderate tone so everyone in the area cannot hear it


then claim you have tourettes


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InvisiblePrisoner#1
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Re: when can a police search your car? [Re: Enjoywho]
    #21853020 - 06/24/15 11:02 PM (8 years, 7 months ago)

Quote:

Enjoywho said:
Whenever the fuck they want to. Give them immediately what they know they'll find. When I got my first dui I had 90 extasy pills and 5 individually bagged bags of weed. I gave him my personal stash and my pipepile . And I didn't have to stay more than 4 hours in jail just went through processing.






never ever ever ever give them a fucking thing, any lawyer worth his salt will
tell you that you've just given them your confession and conviction


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OfflineD.M.T
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Re: when can a police search your car? [Re: Prisoner#1]
    #21853026 - 06/24/15 11:03 PM (8 years, 7 months ago)

My friends and I used to like driving past the State Troopers and flip them the bird, occasionally yell 'Fuck the police!'

I'm not really sure what was so fun about that looking back on it.


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OfflineEnjoywho
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Re: when can a police search your car? [Re: Prisoner#1]
    #21853071 - 06/24/15 11:13 PM (8 years, 7 months ago)

You would thank that is the case but you have to be holding nothing. I remember I was walking to my best friends house as my parents were fighting. Am I being Detained? Sat down and rolled a smoke and one of the officers even gave me a lighter as I left it in my house.

As soon as they told me no your free to go. I was up off my feet sitting criss cross. OK thank you bye.


--------------------
"I don't give nothin' to nobody, I just pay the cost to do business." - Riley "Young Reezy"-Boondocks

"The road to hell is paved with good intentions."

"In the days of kings and queens I was a jester."

"And then the great lord created bears... too many bears... shoulda really dialed back on the bears." Squidbillies

"Can you start speaking words instead of your damn filthy lies!"- Louise "Bobs Burgers"


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