estegeme

so tonight we went out to this "haunted bridge". and on the way back we got pulled over. i was not driving my car. my friend was. becasue i was tired and didnt want to drive. so we get pulled over for a tail light out, witch it was, the cop asks us for info and all whos car it is, why im not driving and such. than comes back and two cops get us all out of the car. and question us alone. than with out MY permisson. the other cop(not the one talking to me) is going throught my car. opening glove box underseats trunk, all that. and he says its cuz he smells beer. (none in the car or has been for two weeks atleast) i ask them why he is going through my car with out my(the owner) permisson. and he says its cuz the driver said i could.

is this ture? can they do this? i had nothing to hide. but i thougth it was my right as the owner to say no?

MESS

iTrader: (5)

He only needs permission from who is in control of the vehicle. For example, who was driving the car or who has the keys or who ever he saw driving or operating the vehicle.

estegeme

so my name on the title means nothing? as in because im awake and alive in the passenger seat, i have no say in what happens to the car?

edit and my friend said the cop should ask me, that it wasnt his car to say yes or no. yet gave him no clear answer

MESS

iTrader: (5)

So, if you were driving your mom's car and get pulled over, you think the cops need to call your mom to search the car? Not going to happen, the person who is diving the car is the one in control of the car when a violation occured. You would'nt want the citation if your friend got pulled over for speeding and you were sitting in the passenger seat (being the owner of the car) and the officer wrote you the citation caused you owned the car.

Josh McGrath

iTrader: (4)

it has to be a clear "yes or No" (or similiar)" uh-huh, i don't know I guess doesnt count

If someone opened the door after he asked (or told you to) thats considered consent

Dont you just love it when cops fake PC to search? I once had a ****** call out a dog and kept his hand in his pocket the whole time, then pulled that hand out and put it on the trunk for the dog to smell.. Guess what the dog reacted! Corrupt *** cops..

BP

Give consent or wait for a warrant, either way if he wants to search your car he's going to. With a warrant though you can expect him to be much more thorough by doing things such as removing the trim panels, doors, fenders, hood, wheels/tires, etc...

SiL3NtXWS6

iTrader: (17)

I can't wait for a cop to say he wants to search my car.. there's NOTHING inside

Camaroholic

iTrader: (1)

Had a friend do the 'no, you can't search my car'.

He spent the night in jail.

And he was clean, and has a concealed carry permit (which makes it obvious he's not a felon). Just didn't feel like letting his car get searched.

Lesson: if you push the "power trip button", expect to have a long night.

Josh McGrath

iTrader: (4)

Tell the whole story bro... Thanks to ******* retard GOV Perry, you get pulled over for anything but open container and speeding and refuse the search, youre going to jail so he can search the car

Tell the whole story, you cant go to jail for refusing search. Class C arrest abuse at its best. **** PERRY

Will Clark

Here's an idea, why don't we write our legislators and try to to prevent police from being able to arrest people for MOST class C violations.

cyphur

iTrader: (10)

thats fucked up. i'd be all kinds of pissed.

Camaroholic

iTrader: (1)

That's all he told me. He did get pulled over for speeding. Driving a Z28. Like I said, push the power trip button, all kinds of fun can happen. I wasn't there, so I don't know the whole story. All I know is that (1) he was pulled over for speeding, (2) cop asked if he could search the car, (3) he said no, (4) he spent the night in jail. He is a pretty mild mannered guy, so I had a tough time believing it too. I don't see him as the type to have an attitude with an officer.

I'm no fan of Perry either. I hope he loses. Of course, he's probably got it set up to where if he loses, he'll be in charge of that hundred billion dollar Corridor land grab project... and just laugh to the bank.

chadtx01

iTrader: (5)

It may be true that you can't go to jail for open container or speeding, but either one of those can turn into something seriousness enough to go to jail pretty quick.

Bottom line, if the cop wants to search your vehicle, he's going to figure out how and if he wants to take you to jail..you're going to jail.

Will Clark

True, and fortunately for us there is a plethora of sheister lawyers out there who would love to take a shot at them.

chadtx01

iTrader: (5)

For the right price of course. Another reason it sucks to be poor. You actually have to abide by the law or do your time.

Will Clark

lol, that and if you're poor you can't afford to even challenge them.

The Texas Hammer is my homeboy.

00'WS6Rocket

iTrader: (3)

Dude you don't need a Texas Hammer or a Strong Arm... you need a Big Brotha

estegeme

i dont push the power trip botton, but i know my rights, i did not know that the drive had that kinda control over the car. it makes cents to me now. i was just confussed at the time, the cop that was talking to me didnt even know why the other cop was searching the car. i dont want my car searched. i have nothing to hide. if they look they will find nothing but a waste of time. but ive heard way too many horror stories of cops ripping peoples **** out, and than leaving it there and saying sorry and than just leave. ive had cops try to cut my seats becase" this side is bigger than that side".

cops have too much power and not enough supervision.

mike s.

iTrader: (2)

You got a fast one pulled on you, it is a tactic they can use when you are not behind the wheel, I have seen it before. If a Texas policeman wants in your car he will do it. They simply have to claim PC and they are in, regardless of whether it is true or not! Always ask why before you give an answer concerning a vehicle search, and I will go as far to say to ask why if they ask for a Terry Frisk, although if you decline the Terry they usually put you in the car, so be warned. They will then search the car anyway.
Asking questions can help alot, this way you are not barking law knowledge at them, and they are the ones doing the explaining trying to justify their actions. If you can get them to admit any type profiling it will hurt their case, for instance I got a cop who pulled me over for speeding, asked to search the car, when asked why he claimed "all the building blocks are there" (verbatim). This is obvious profiling, and lucky for me the JP's butt got chafed after I told him what this officer did to me on account of a traffic stop, and he dismissed the ticket. Always decline the search! If you feel your rights have been violated, complain to the department against that officer! And good luck hiring a plaintiff's lawyer to sue on those grounds, its not gonna happen usually. Civil attorneys work on a contingent basis, and there is no money at the end of the road, just a dirty cop off the job, and alot of money spent. If you have the money though, it can be done. Trust me, Ive seen it first hand.

I'll throw this in there too, the problem with their power is too much discretion. Cops dont need to be supervised, they need to be educated. I have howled for years that the people need to up police pay to a professional standard, then ask for the professional credentials to back it up. That means no 4 yr degree, in a relevant CJ/Law field, sorry, no police job. HS diplomas, some college credit, 2yr degrees, and 4-6 year enlisted military duty does not qualify you for a police job! I have data concerning unlawful possession of firearm arrests in Texas counties for those with CHLs and the results are staggering. Many are ignorant or misinterpret the law they enforce. And yes I did control for legitimate arrests in my regression analysis and it is still jaw dropping. Or how about this, in Texas JP's are elected, and they do not have to have a law degree to decide cases. Granted these are class C misdemeanor cases only, but do you want some one deciding your case who has no professional law training? Is there a problem with Texas law enforcement and justice? You be the judge, you dont have to be elected to think about it.

MESS

iTrader: (5)

They changed the Law last Sept., you can go to jail for open container now