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aDoS
freedom lover
Registered: 06/18/05
Posts: 7,590
Loc: land of the free
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cars can be searched without a warrant right?
#8920851 - 09/12/08 08:53 PM (15 years, 6 months ago) |
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I have been unclear about this. The supreme court has ruled that searching a vehicle does not require a search warrant, is this correct or incorrect? I keep hearing 2 different things.
-------------------- "If we could sniff or swallow something that would, for five or six hours each day, abolish our solitude as individuals, atone us with our fellows in a glowing exaltation of affection and make life in all its aspects seem not only worth living, but divinely beautiful and significant, and if this heavenly, world-transfiguring drug were of such a kind that we could wake up next morning with a clear head and an undamaged constitution - then, it seems to me, all our problems (and not merely the one small problem of discovering a novel pleasure) would be wholly solved and earth would become paradise." - Aldous Huxley GIVE ME OPIATES OR GIVE ME DEATH
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g00ru
lit pants tit licker
Registered: 08/09/07
Posts: 21,088
Loc: georgia, us
Last seen: 5 years, 3 months
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Re: cars can be searched without a warrant right? [Re: aDoS]
#8920866 - 09/12/08 08:55 PM (15 years, 6 months ago) |
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They don't have to have a warrant but they need probable cause to come in your car, and you don't have to let them in under 99% of circumstances.
-------------------- check out my music! drowse in prison and your waking will be but loss
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aDoS
freedom lover
Registered: 06/18/05
Posts: 7,590
Loc: land of the free
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Re: cars can be searched without a warrant right? [Re: g00ru]
#8920896 - 09/12/08 09:00 PM (15 years, 6 months ago) |
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Can cops easily turn that around on you though, if they ask to search and you say no, would they take that as probable cause? "This guy doesn't want us to search his vehicle he must be hiding something."
-------------------- "If we could sniff or swallow something that would, for five or six hours each day, abolish our solitude as individuals, atone us with our fellows in a glowing exaltation of affection and make life in all its aspects seem not only worth living, but divinely beautiful and significant, and if this heavenly, world-transfiguring drug were of such a kind that we could wake up next morning with a clear head and an undamaged constitution - then, it seems to me, all our problems (and not merely the one small problem of discovering a novel pleasure) would be wholly solved and earth would become paradise." - Aldous Huxley GIVE ME OPIATES OR GIVE ME DEATH
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LeftyBurnz
Mr. I Eat Butthole
Registered: 06/21/05
Posts: 24,570
Loc: FL
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Re: cars can be searched without a warrant right? [Re: aDoS]
#8920898 - 09/12/08 09:01 PM (15 years, 6 months ago) |
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Quote:
aDoS said: I have been unclear about this. The supreme court has ruled that searching a vehicle does not require a search warrant, is this correct or incorrect? I keep hearing 2 different things.
if they have no warrant, and you refuse, they have a specific time limit that can call in a drug dog. the dog alerting them would be probable cause enough to search without warrant, but otherwise, no. if you refuse and they search, its illegal.
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LeftyBurnz
Mr. I Eat Butthole
Registered: 06/21/05
Posts: 24,570
Loc: FL
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Re: cars can be searched without a warrant right? [Re: aDoS]
#8920908 - 09/12/08 09:04 PM (15 years, 6 months ago) |
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Quote:
aDoS said: Can cops easily turn that around on you though, if they ask to search and you say no, would they take that as probable cause? "This guy doesn't want us to search his vehicle he must be hiding something."
well thats not so much the case as it is a case of "well he obviously knows his rights, and that pisses me off as an officer. i dont like when people stand up to me and throw something as stupid as RIGHTS in my face"
dont say no like some punk ass pot head whos sick of the man either, sound intelligent, tell them that they have no reason to search your vehicle, that you refuse any search of your property without a warrant and that you know your rights. then you should ask them whether or not you are being detained or free to go. if they have nothing, youre free to go. if they feel like being dickheads, they can call the K9 out and waste more of your time(unless you actually have something in the car).
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Run DMT
information is Power
Registered: 01/20/08
Posts: 1,096
Loc: ignorance is bliss
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Re: cars can be searched without a warrant right? [Re: LeftyBurnz]
#8920928 - 09/12/08 09:09 PM (15 years, 6 months ago) |
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Quote:
leftysurprise said:
Quote:
aDoS said: I have been unclear about this. The supreme court has ruled that searching a vehicle does not require a search warrant, is this correct or incorrect? I keep hearing 2 different things.
if they have no warrant, and you refuse, they have a specific time limit that can call in a drug dog. the dog alerting them would be probable cause enough to search without warrant, but otherwise, no. if you refuse and they search, its illegal.
I was smoking at a park and there were some people around. We got kinda sketched out so we flexed. On the way outta the park a squad car was behind us and pulled us over on the main road for a burned out tail light. He had me look at it and asked to search my car. I told him no, that I didn't have the time for him to look since there was no reason and he let me go. As long as you don't give them a reason to search, they have to call the dog.
-------------------- I'm the enemy, 'cause I like to think; I like to read. I'm into freedom of speech and freedom of choice. I'm the kind of guy likes to sit in a greasy spoon and wonder - "Gee, should I have the T-bone steak or the jumbo rack of barbecued ribs with the side order of gravy fries?" I WANT high cholesterol. I wanna eat bacon and butter and BUCKETS of cheese, okay? I want to smoke a Cuban cigar the size of Cincinnati in the non-smoking section. I want to run through the streets naked with green Jell-o all over my body reading Playboy magazine. Why? Because I suddenly might feel the need to, okay, pal?
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LeftyBurnz
Mr. I Eat Butthole
Registered: 06/21/05
Posts: 24,570
Loc: FL
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Re: cars can be searched without a warrant right? [Re: Run DMT]
#8920956 - 09/12/08 09:14 PM (15 years, 6 months ago) |
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exactly. if youre calm, level headed and seem relatively intelligent, and you do not seem like youre paranoid and etc, 9 times out of 10 theyll let you go.
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Prisoner#1
Even Dumber ThanAdvertized!
Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
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Re: cars can be searched without a warrant right? [Re: LeftyBurnz]
#8921321 - 09/12/08 10:52 PM (15 years, 6 months ago) |
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reasonable articulable suspicion is still needed, aka. probable cause, in order to make use of the dog, the dog is simply a second party verifier when the initial officer still has doubts, as to dog is considered law enforcement personel, he cant enter your vehicle until after he's established probable cause
http://www.helpercity.net/HPD%20Policies%20&%20Procedures/K-9.htm
Quote:
Upon arriving on a narcotics detail the handler will make contact with the initial officer. The handler makes a decision based on information provided on whether to deploy the drug dog.
Prior to deployment the handler will inspect the search area looking for narcotics in plain view, sharp objects, food items, or any other items that may endanger the dog.
On vehicle narcotics sniffs, if traffic is present, the drug dog should be deployed on lead. In the event probable cause has not been established the drug dog will sniff the exterior of the vehicle first. If the drug dog indicates, probable cause has been established to search the interior of the vehicle.
If the drug dog gives a positive indication, the handler will inform the initial officer of the area of the indication and a decision will be made which officer will search the area and recover the narcotics.
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Entropymancer
Registered: 07/16/05
Posts: 10,207
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Re: cars can be searched without a warrant right? [Re: LeftyBurnz]
#8921418 - 09/12/08 11:28 PM (15 years, 6 months ago) |
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You covered it pretty well lefty, but the cops do have one other trump card (at least in most states): If they claim that they smell cannabis in the vehicle, that generally constitutes probable cause. And of course it doesn't really matter whether or not they really do smell weed; there's no way to prove in the court of law that your car didn't smell. That's just a bitch move on their part, but it seems a lot more difficult to find a way to fight/get out of than a K9 sniff.
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Prisoner#1
Even Dumber ThanAdvertized!
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Re: cars can be searched without a warrant right? [Re: Entropymancer]
#8921546 - 09/13/08 12:12 AM (15 years, 6 months ago) |
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Quote:
Entropymancer said: You covered it pretty well lefty, but the cops do have one other trump card (at least in most states): If they claim that they smell cannabis in the vehicle, that generally constitutes probable cause.
cops generally wear a microphone in addition to the video in the car, the best statement at that point is something along the lines of "I understand your desire to search my car officer and I'm also well aware of the 'I smell marijuana' ploy that is often used to make it appear that you had probable cause to your supervisors and prosecutors, how silly do you think you'll look when this goes in front of the review board and a jury after you violate my fourth amendment rights and find nothing"
Quote:
And of course it doesn't really matter whether or not they really do smell weed; there's no way to prove in the court of law that your car didn't smell.
"I smell marijuana" is easily countered by the same methods the use, learn their tools, learn to use them against them, in order to beat the devil you have to know his game
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DieCommie
Registered: 12/11/03
Posts: 29,258
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Re: cars can be searched without a warrant right? [Re: aDoS]
#8921572 - 09/13/08 12:18 AM (15 years, 6 months ago) |
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I successfully denied them searching my car once under alot of pressure. I got pulled over and the local detective who had it in for me showed up in like 10 mins. Him and the beat cop proceed to ask and threaten me in many ways to search the car but I continually said no. In the end my car was not searched. I didnt even have shit on me I was completely legal, I was just asserting my right and it worked. One of my few success stories involving the cops. (another of which involves receiving hundreds of dollars of drug money that actually smelled like marijuana in the police station from the cops, but that is another story...)
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Prisoner#1
Even Dumber ThanAdvertized!
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Re: cars can be searched without a warrant right? [Re: DieCommie]
#8921601 - 09/13/08 12:29 AM (15 years, 6 months ago) |
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I got stopped one night, the cop wanted to search, I refused, in 3 minutes more cops started showing up, it didnt take long before there was about 8 of them, the chick I was with just kept insisting that I let them search since I was clean, one of the cops that was there was a friend, he asked if I had anything, I told him I was clean, he asked why i was refusing and I told him I wasnt going to let a dickhead push me around, he laughed and just watched, I kept refusing, after about 45 minutes of the same shit you're describing they called out a dog handler and he went to the initial officer and asked why the sniff was requested, anyway he's telling the handler the details, the guy comes over talks to me a couple minutes, he hops back in his car and leaves, dog never got taken out
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