Car searched by cops tonight, for what reason?
10-22-2009, 03:13 AM
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Car searched by cops tonight, for what reason? I was up in topanga canyon tonight with my cousin on one of the canyon roads checkin out the view of LA after eating dinner in Malibu. Cops pulled up, flashed their lights inside the car and asked for ID. I was in the driver seat and gave the officer on my side my ID. The officer on the passenger side who was talking to my cousin told the officer on my side to get me out of the car. They get me out of the car and search me, hands on the hood of the police car and was told to stay there.
They pull my cousin out of the car, search him, put his hands on the hood of the police car and then proceeded to search my car. I never said a word really. I said "yes" when asked to present ID, "no" to if I had any drugs in the car. I have no tickets, no record, nothing. I was in a legal area to park, I was in no way breaking the law. Just felt kind of weird. I thought they had to ask for consent or have probable cause? It was weird, wasnt sure what to think. I just cooperated, but was never asked if they could search the car or anything. Just wondering if it was legal for them to do what they did. I dont have anything against cops and work with them on a daily basis, just thought it was weird and thought I might get some luck with other officers on this site who would know my rights in that situation.
There's nothing I can do about it now, not that I would even if I could do anything. I wasnt hiding anything, just thought it was weird. First time I've ever been searched. They let us go after hassling us for a little while. Thanks for any advice
They pull my cousin out of the car, search him, put his hands on the hood of the police car and then proceeded to search my car. I never said a word really. I said "yes" when asked to present ID, "no" to if I had any drugs in the car. I have no tickets, no record, nothing. I was in a legal area to park, I was in no way breaking the law. Just felt kind of weird. I thought they had to ask for consent or have probable cause? It was weird, wasnt sure what to think. I just cooperated, but was never asked if they could search the car or anything. Just wondering if it was legal for them to do what they did. I dont have anything against cops and work with them on a daily basis, just thought it was weird and thought I might get some luck with other officers on this site who would know my rights in that situation.
There's nothing I can do about it now, not that I would even if I could do anything. I wasnt hiding anything, just thought it was weird. First time I've ever been searched. They let us go after hassling us for a little while. Thanks for any advice
Last edited by Jimmard; 10-22-2009 at 03:22 AM. Reason: spelling
10-22-2009, 04:02 AM
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My cousin was saying stuff like that and the cops kept saying, "its not your car, its his car". After my cousin was asking them all these questions on this stuff asking them if it was being recorded, the cops started getting pretty nervous. I just feel taken advantage of because I was just "being nice and cooperating"
10-22-2009, 04:06 AM
#5
My cousin was saying stuff like that and the cops kept saying, "its not your car, its his car". After my cousin was asking them all these questions on this stuff asking them if it was being recorded, the cops started getting pretty nervous. I just feel taken advantage of because I was just "being nice and cooperating"
Then you should of spoke up. I really hate cops like that and I make sure I don't let them punk me on my rights. Some cops just think they can do whatever they want.
10-22-2009, 04:16 AM
#6
Without probable cause they cannot search your car without your consent to a search. In that kind of situation where your asked to step out of your car, you can either let them search it (and hope they dont destroy the car or decide to cut open your seats like they did to me a few years back) or you can calmly step out of your car, hit the lock switch on your way out, and close the door behind you and state that you do not consent to a search. Unless they have a legitimate probable cause for a search they cannot legally search your car.
The question you need to ask yourself is will it be worth to **** off two cops who already have found something against you or some sort of reason to harass you? Thats your choice. Legally speaking even if they did find something "incriminating" in your car after you state that you dont consent to a search, it will not hold up in court due to the fact that it was obtained through illegal search and seizure. However the cop could always say that there were reports of someone suspicious in the area and you matched the description, and that was probable cause. One thing to think about though is although you can exercise your legal right to deny a search without probable cause, the cop might decide to really screw you over and lie and make things up, and its your word against his in front of a judge (worst case scenario, hopefully you wont find yourself there).
The question you need to ask yourself is will it be worth to **** off two cops who already have found something against you or some sort of reason to harass you? Thats your choice. Legally speaking even if they did find something "incriminating" in your car after you state that you dont consent to a search, it will not hold up in court due to the fact that it was obtained through illegal search and seizure. However the cop could always say that there were reports of someone suspicious in the area and you matched the description, and that was probable cause. One thing to think about though is although you can exercise your legal right to deny a search without probable cause, the cop might decide to really screw you over and lie and make things up, and its your word against his in front of a judge (worst case scenario, hopefully you wont find yourself there).
10-22-2009, 04:37 AM
#7
Without probable cause they cannot search your car without your consent to a search. In that kind of situation where your asked to step out of your car, you can either let them search it (and hope they dont destroy the car or decide to cut open your seats like they did to me a few years back) or you can calmly step out of your car, hit the lock switch on your way out, and close the door behind you and state that you do not consent to a search. Unless they have a legitimate probable cause for a search they cannot legally search your car.
The question you need to ask yourself is will it be worth to **** off two cops who already have found something against you or some sort of reason to harass you? Thats your choice. Legally speaking even if they did find something "incriminating" in your car after you state that you dont consent to a search, it will not hold up in court due to the fact that it was obtained through illegal search and seizure. However the cop could always say that there were reports of someone suspicious in the area and you matched the description, and that was probable cause. One thing to think about though is although you can exercise your legal right to deny a search without probable cause, the cop might decide to really screw you over and lie and make things up, and its your word against his in front of a judge (worst case scenario, hopefully you wont find yourself there).
The question you need to ask yourself is will it be worth to **** off two cops who already have found something against you or some sort of reason to harass you? Thats your choice. Legally speaking even if they did find something "incriminating" in your car after you state that you dont consent to a search, it will not hold up in court due to the fact that it was obtained through illegal search and seizure. However the cop could always say that there were reports of someone suspicious in the area and you matched the description, and that was probable cause. One thing to think about though is although you can exercise your legal right to deny a search without probable cause, the cop might decide to really screw you over and lie and make things up, and its your word against his in front of a judge (worst case scenario, hopefully you wont find yourself there).
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10-22-2009, 04:41 AM
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Without probable cause they cannot search your car without your consent to a search. In that kind of situation where your asked to step out of your car, you can either let them search it (and hope they dont destroy the car or decide to cut open your seats like they did to me a few years back) or you can calmly step out of your car, hit the lock switch on your way out, and close the door behind you and state that you do not consent to a search. Unless they have a legitimate probable cause for a search they cannot legally search your car.
The question you need to ask yourself is will it be worth to **** off two cops who already have found something against you or some sort of reason to harass you? Thats your choice. Legally speaking even if they did find something "incriminating" in your car after you state that you dont consent to a search, it will not hold up in court due to the fact that it was obtained through illegal search and seizure. However the cop could always say that there were reports of someone suspicious in the area and you matched the description, and that was probable cause. One thing to think about though is although you can exercise your legal right to deny a search without probable cause, the cop might decide to really screw you over and lie and make things up, and its your word against his in front of a judge (worst case scenario, hopefully you wont find yourself there).
The question you need to ask yourself is will it be worth to **** off two cops who already have found something against you or some sort of reason to harass you? Thats your choice. Legally speaking even if they did find something "incriminating" in your car after you state that you dont consent to a search, it will not hold up in court due to the fact that it was obtained through illegal search and seizure. However the cop could always say that there were reports of someone suspicious in the area and you matched the description, and that was probable cause. One thing to think about though is although you can exercise your legal right to deny a search without probable cause, the cop might decide to really screw you over and lie and make things up, and its your word against his in front of a judge (worst case scenario, hopefully you wont find yourself there).
and to the OP know your ******* rights and speak up...its the reason cops think they can get away with bullshit like that.
Chad
10-22-2009, 05:04 AM
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I guess knowing that I hadn't done anything wrong, had nothing illegal on me or in my car, and knowing they couldn't give me a ticket or arrest me for anything I was doing, I just let them do whatever made them happy. I was tired and not in the mood for a confrontation, it's just annoying that they basically can do what they want unless you know exactly what all your rights are and are willing to put up will all the bullshit it may cause in exercising your rights. My cousin was pissed, I on the other hand was neutral other than the fact that some cop was searching through my car for no reason and I felt like a criminal being patted down and told to put my hands on the hood of the police car. We ended up talking with them for a little bit about random bullshit, they were nice (after the search was done and our IDs were run), and let us go.
10-22-2009, 05:26 AM
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I guess knowing that I hadn't done anything wrong, had nothing illegal on me or in my car, and knowing they couldn't give me a ticket or arrest me for anything I was doing, I just let them do whatever made them happy. I was tired and not in the mood for a confrontation, it's just annoying that they basically can do what they want unless you know exactly what all your rights are and are willing to put up will all the bullshit it may cause in exercising your rights. My cousin was pissed, I on the other hand was neutral other than the fact that some cop was searching through my car for no reason and I felt like a criminal being patted down and told to put my hands on the hood of the police car. We ended up talking with them for a little bit about random bullshit, they were nice (after the search was done and our IDs were run), and let us go.
if more people exercised their rights we wouldn't have this problem.
people in general (not speaking about you) are lazy...and want the quickest/easiest way out with no problems.
Chad
10-22-2009, 07:48 AM
#11
lol
cops will do whatever they want, in my experience telling a cop that they do not have permission to search your car that's actually gives them probable cause
the best thing to do is just corporate, do not say much and then after its done report them for whatever bullshit they pulled
cops will do whatever they want, in my experience telling a cop that they do not have permission to search your car that's actually gives them probable cause
the best thing to do is just corporate, do not say much and then after its done report them for whatever bullshit they pulled
10-22-2009, 08:01 AM
#12
What the police did to you was wrong. Assuming the police know/understand the law regarding search is the first mistake. Police have watched too many episodes of Cops and in many ways they are becoming street thugs with badges.
In most police departments you can file a complaint for internal review.
As far as knowing your rights, well, sometimes that's not so easy. The last time I read the US SC case law, police do not have the right to search until/unless you say they cannot. They have to ask your consent and you must give consent (unless they have probable cause like something in plain view or a dog reacts to your car or search incident to arrest....). If there's case law to the contrary, someone post up a citation. I'd like to read the case.
In most police departments you can file a complaint for internal review.
As far as knowing your rights, well, sometimes that's not so easy. The last time I read the US SC case law, police do not have the right to search until/unless you say they cannot. They have to ask your consent and you must give consent (unless they have probable cause like something in plain view or a dog reacts to your car or search incident to arrest....). If there's case law to the contrary, someone post up a citation. I'd like to read the case.
10-22-2009, 09:19 AM
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lol
cops will do whatever they want, in my experience telling a cop that they do not have permission to search your car that's actually gives them probable cause
the best thing to do is just corporate, do not say much and then after its done report them for whatever bullshit they pulled
cops will do whatever they want, in my experience telling a cop that they do not have permission to search your car that's actually gives them probable cause
the best thing to do is just corporate, do not say much and then after its done report them for whatever bullshit they pulled
Chad
10-22-2009, 10:30 AM
#14
jim same thing happened to me after leaving chazs house in los al at 2 int he morning, its retarded they curbed me searched my car and then told me at the end of everything that i had a out taillight hahah cops are jokes
10-22-2009, 10:49 AM
#15
I was up in topanga canyon tonight with my cousin on one of the canyon roads checkin out the view of LA after eating dinner in Malibu. Cops pulled up, flashed their lights inside the car and asked for ID.I was in the driver seat and gave the officer on my side my ID. The officer on the passenger side who was talking to my cousin told the officer on my side to get me out of the car. They get me out of the car and search me, hands on the hood of the police car and was told to stay there.
Just remember that it's OK to ask the officers questions. Be polite, but go ahead and ask. Also remember that these officers deal with criminal low lifes everyday and traffic stops along with domestic disturbance calls are one of the most dangerous for police. They're main goal is to make it home after shift.
PIGS 
10-22-2009, 11:28 AM
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This is pretty much why I just cooperated even though I wasn't very happy about it. I understand they deal with a lot of **** out there. At first I could tell they were very defensive and I didn't want any problems. After they were all done we were talking to them like normal people. The cop said I looked high, which I have been told by everyone ever since I was young (I dont smoke, but my eyes make me look like I do). His reason to search was an empty water bottle in the back seat of my car, and the fact he thought I was high and I was sitting in the drivers seat, he wanted to make sure I wasnt driving anywhere like that. My cousin was asking all the questions and the cops were getting nervous, but in the end it was probably better that we just cooperated. We were up in the mountains of topanga and the cops are really strict up there at night. I hear they're even worse in malibu canyon, especially cars pulled over checking out the view.
I take it you weren't driving but were stopped somewhere? You didn't say they pulled you over so I'm assuming you were already stopped. That in itself may be suspicious. They may have mere suspicion to approach your vehicle and investigate. The cover officer may have seen something with his flashlight to create a reasonable suspicion to have you exit the vehicle and conduct an immediate patdown for weapons. That's an officer safety procedure that's pretty common. It becomes more common in areas where there is known to be criminal activity. The search of the vehicle does require probable cause. They should have asked for consent and you should have inquired as to why they wanted to search your vehicle. There may be other factors like a 7-11 robbed close by or your vehicle matching the description of another. Where you were parked could also be a common place for criminal activity such as narcotics or prostitution. This type of criminal activity in an area can easily raise the suspicions of the officers. If you would have refused consent then they could easily have requested a k-9 to search your vehicle based on a mere suspicion. K-9's are not considered an instrusive search.
Just remember that it's OK to ask the officers questions. Be polite, but go ahead and ask. Also remember that these officers deal with criminal low lifes everyday and traffic stops along with domestic disturbance calls are one of the most dangerous for police. They're main goal is to make it home after shift.
Just remember that it's OK to ask the officers questions. Be polite, but go ahead and ask. Also remember that these officers deal with criminal low lifes everyday and traffic stops along with domestic disturbance calls are one of the most dangerous for police. They're main goal is to make it home after shift.
10-22-2009, 11:30 AM
#19
It was mentioned earlier, but when asked out of your vehicle it is best to lock your doors behind you. If questioned about that act, just say "it's habit".
They probably assumed consent to search given you didn't protest, as mentioned earlier.
You walked away clean, so just chalk it up to experience and learn from it.
They probably assumed consent to search given you didn't protest, as mentioned earlier.
You walked away clean, so just chalk it up to experience and learn from it.
10-22-2009, 11:48 AM
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"His reason to search was an empty water bottle in the back seat of my car"
is it illegal to drink water in the car now?
and no probable cause for looking anything. it was an illegal seizure plain and simple if what you said is how it went down.
Chad
is it illegal to drink water in the car now?
and no probable cause for looking anything. it was an illegal seizure plain and simple if what you said is how it went down.
Chad