Car searched by cops tonight, for what reason?
10-25-2009, 02:45 AM
#81
Seriously legal to me is more than speeding/street racing.. More along the lines of doing drugs.. Just my outlook on it, if yours is different then so be it.
Nobody said anything about red lights, IIRC I have never even ran a red light.. Anytime I ever did do something that stupid I was by myself on a straight away with no side roads.
Lemons12- the OP's dilemma is not whether or not he did anything wrong, it is a matter of principal. He felt violated by those that are there to serve and protect him. What is so wrong with that? would i allow a search of my car IF they asked, yes because i know i have nothing to hide and i am comfortable being that compliant. You have to remember not everyone is comfortable with a random stranger rifling through their stuff for no apparent reason. I doubt it has anything to do with him hating the cops, as a matter of fact i don't remember him saying anything bad about the cops other than him expressing his feelings toward the way he was treated.
10-25-2009, 02:48 AM
#82
So OP, the search in your case was probably legal. Here's why, if a COP has PC to stop/question you, then he can execute what is called a "Carol Search" or the "Carol Doctrine." The standard for search is lower because of the vehicle is mobile. They may have been interested in you and your cousin because you matched the description of someone for whom they were looking...either way cops have the right to search a vechile, without a warrant. Additionally, they can search a vehicle anytime they is a safety concern (i.e. they're looking for wepons in the immediate grasp of the persons within the car).
Here's a very detailed explanation of the Carol Doctrine:
http://www.bc.edu/bc_org/avp/law/lws...1_1/02_FMS.htm
Good job OP in just listening to the cops and doing what they say...would have been nice had they been more clear about why they were doing what they were doing, but I have to give them the benefit of the doubt here.
Here's a very detailed explanation of the Carol Doctrine:
http://www.bc.edu/bc_org/avp/law/lws...1_1/02_FMS.htm
Good job OP in just listening to the cops and doing what they say...would have been nice had they been more clear about why they were doing what they were doing, but I have to give them the benefit of the doubt here.
10-25-2009, 03:01 AM
#83
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Awesome.. Teach people that are high as a kite while driving, get kids drunk, and any other situation you can think of how to better get out of it..
I'm sorry, if you are breaking the law I hope you get busted. No, "I was lucky that time" Bull ****... Sure you have your rights, but if you are breaking the law I don't think you should have any rights.
Yes, I am one of those people that don't break any laws really.. I speed and what not of course (no more than anyone else in this world). As far as drugs/drinking/smoking/etc etc etc I don't do any of it, never have and never will. I don't have a problem with people that do it one bit. But if you are doing "XXXXX" and it is illegal I hope you get busted and have to pay for it.
Most people think it isn't that big of a deal. All it takes is one time swerving into the other lane.
My .02, flame away!
OP, I think you did the right thing.. I would never have any problem with an officer checking me/my car/etc etc etc.. Unless you are being a dick they aren't going to mess with your car. I am always as polite as I can be and answer any question they have. I NEVER admit to speeding or the such but I comply with anything they ask and will do whatever to make it go as easy as possible. I have only ever got 2 tickets. One for noise ordinance, I deserved it.. And the second for 80 in a 55, obviously deserved that one too. Been pulled over 5 times for doing 100+mph and never got even a ticket for it, have ran and got caught once (he found my car in the drive way 30 minutes later), nothing happened. Can't count how many other times I have been pulled over for speeding just a little or just being out around 2-4am and they think something/anything is suspicious, not a problem with me.
Sorry for the long post.. Just cracks me up when I see "screw pigs" and the like coming from people. When in all honesty most people that say that were doing something illegal when they got busted and the cop did their job.
Of course there are sometimes when cops can be ****** (not against the law or your rights) and there are most certainly times when they do not allow you to exercise your rights, and in those times I don't see a problem standing up for yourself.. If you aren't doing anything seriously illegal (besides speeding/running a red light right when it turns/etc) then there isn't much reason for a cop to harass you about. They are people, just like us.
I'm sorry, if you are breaking the law I hope you get busted. No, "I was lucky that time" Bull ****... Sure you have your rights, but if you are breaking the law I don't think you should have any rights.
Yes, I am one of those people that don't break any laws really.. I speed and what not of course (no more than anyone else in this world). As far as drugs/drinking/smoking/etc etc etc I don't do any of it, never have and never will. I don't have a problem with people that do it one bit. But if you are doing "XXXXX" and it is illegal I hope you get busted and have to pay for it.
Most people think it isn't that big of a deal. All it takes is one time swerving into the other lane.
My .02, flame away!
OP, I think you did the right thing.. I would never have any problem with an officer checking me/my car/etc etc etc.. Unless you are being a dick they aren't going to mess with your car. I am always as polite as I can be and answer any question they have. I NEVER admit to speeding or the such but I comply with anything they ask and will do whatever to make it go as easy as possible. I have only ever got 2 tickets. One for noise ordinance, I deserved it.. And the second for 80 in a 55, obviously deserved that one too. Been pulled over 5 times for doing 100+mph and never got even a ticket for it, have ran and got caught once (he found my car in the drive way 30 minutes later
), nothing happened. Can't count how many other times I have been pulled over for speeding just a little or just being out around 2-4am and they think something/anything is suspicious, not a problem with me. Sorry for the long post.. Just cracks me up when I see "screw pigs" and the like coming from people. When in all honesty most people that say that were doing something illegal when they got busted and the cop did their job.
Of course there are sometimes when cops can be ****** (not against the law or your rights) and there are most certainly times when they do not allow you to exercise your rights, and in those times I don't see a problem standing up for yourself.. If you aren't doing anything seriously illegal (besides speeding/running a red light right when it turns/etc) then there isn't much reason for a cop to harass you about. They are people, just like us.
Chad
10-25-2009, 03:13 AM
#85
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They said they were looking for someone that night, but it was a female wearing a backpack going around talking crazy. Pretty sure I wasn't doing that. I was not breaking the law, its basically like being parked out in front of your house, a cop comes up, pulls you out of the car and searches you and your car, even though you have done nothing wrong, you are not going to do anything wrong, no weapons, nothing, just relaxing looking at the view.
So OP, the search in your case was probably legal. Here's why, if a COP has PC to stop/question you, then he can execute what is called a "Carol Search" or the "Carol Doctrine." The standard for search is lower because of the vehicle is mobile. They may have been interested in you and your cousin because you matched the description of someone for whom they were looking...either way cops have the right to search a vechile, without a warrant. Additionally, they can search a vehicle anytime they is a safety concern (i.e. they're looking for wepons in the immediate grasp of the persons within the car).
Here's a very detailed explanation of the Carol Doctrine:
http://www.bc.edu/bc_org/avp/law/lws...1_1/02_FMS.htm
Good job OP in just listening to the cops and doing what they say...would have been nice had they been more clear about why they were doing what they were doing, but I have to give them the benefit of the doubt here.
Here's a very detailed explanation of the Carol Doctrine:
http://www.bc.edu/bc_org/avp/law/lws...1_1/02_FMS.htm
Good job OP in just listening to the cops and doing what they say...would have been nice had they been more clear about why they were doing what they were doing, but I have to give them the benefit of the doubt here.
10-25-2009, 03:18 AM
#87
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And what I mean by that is he had no probable cause to stop me in the first place. I wasn't doing anything wrong, I did not match any descriptions, and I was not causing any trouble. So where does the probable cause come from to stop me in the first place? Not that that even matters really, but it was all instant, Pulled up, asked for ID, pulled out of the car, car searched. I was confused as to how they could even do something like that.
10-25-2009, 03:20 AM
#88
Starts over tomorrow..
My life in a nutshell!
10-25-2009, 03:21 AM
#89
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My *** is always up this late.. I sleep all morning, get up and go into work.. Then when I get off I am on the comp and playing X-360 all day/night till the lady gets home.. Spend time with her, she goes to bed, I play some more, post some more.. Hit the sack..
Starts over tomorrow..
My life in a nutshell!
Starts over tomorrow..
My life in a nutshell!
Chad
10-25-2009, 11:19 PM
#91
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My uncle is a retired LAPD and he says he can't stand the cops who try to act big and bad and think they can do what they want 'cause they have a badge. My uncle says that he's glad he retired 'cause cops these days don't know what they're doing and wonder why the public don't like cops. My uncles advice to me is just do what ever the cops ask of you and things will go smoothly. As long as you have nothing to hide, no harm.
10-26-2009, 12:04 AM
#93
They said they were looking for someone that night, but it was a female wearing a backpack going around talking crazy. Pretty sure I wasn't doing that. I was not breaking the law, its basically like being parked out in front of your house, a cop comes up, pulls you out of the car and searches you and your car, even though you have done nothing wrong, you are not going to do anything wrong, no weapons, nothing, just relaxing looking at the view.
You really just don't know what information they have...if they were really just being asses, they would have given you a much harder time...agin benefit of the doubt here.
10-26-2009, 10:56 AM
#94
So OP, the search in your case was probably legal. Here's why, if a COP has PC to stop/question you, then he can execute what is called a "Carol Search" or the "Carol Doctrine." The standard for search is lower because of the vehicle is mobile. They may have been interested in you and your cousin because you matched the description of someone for whom they were looking...either way cops have the right to search a vechile, without a warrant. Additionally, they can search a vehicle anytime they is a safety concern (i.e. they're looking for wepons in the immediate grasp of the persons within the car).
Here's a very detailed explanation of the Carol Doctrine:
http://www.bc.edu/bc_org/avp/law/lws...1_1/02_FMS.htm
Good job OP in just listening to the cops and doing what they say...would have been nice had they been more clear about why they were doing what they were doing, but I have to give them the benefit of the doubt here.
Here's a very detailed explanation of the Carol Doctrine:
http://www.bc.edu/bc_org/avp/law/lws...1_1/02_FMS.htm
Good job OP in just listening to the cops and doing what they say...would have been nice had they been more clear about why they were doing what they were doing, but I have to give them the benefit of the doubt here.
Probable cause to stop you does not equal probable cause to execute a search. There still has to be probable cause to do a search and the police have to conduct the search on the premise that a judge/magistrate would have issued a search warrant under the facts of the case.
Here is a link to a homeland security training piece.
http://www.fletc.gov/training/progra...rroll.pdf/view
This is all moot because most people do not have the money to take on the government, even at the level of small police departments, but misinterpretation of the findings in court cases does not help.
There are a lot of things the police can do that are questionable (to put it mildly) and still be within the law. Searching a car ***** nilly is not one of them. You need probable cause. Probably cause is not easy to define and could be said to be like a fart in the wind sometimes, but I don't even think there was a proverbial fart floating in the wind here.
10-26-2009, 02:07 PM
#95
My buddy was once pulled over and a cop told him that his car makes him look like a meth head because it is messy and lots of water bottles on the floor.
I always have water with me and I don't litter so I throw in the back until my *** gets tired of looking at them. I didn't know I was creating a profile by doing so.
10-26-2009, 02:12 PM
#96
I sort of had the same thing happen also, i told them no and they started saying all this and that so they did it anyways. I drove off with my fix-it ticket after 5 cops showed up and all wanted to talk to me. I guess they thought i was a bad dude lol, it is just like that in my town.
10-27-2009, 03:21 PM
#97
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I wonder whats up with the water bottles and druggies?
My buddy was once pulled over and a cop told him that his car makes him look like a meth head because it is messy and lots of water bottles on the floor.
I always have water with me and I don't litter so I throw in the back until my *** gets tired of looking at them. I didn't know I was creating a profile by doing so.
My buddy was once pulled over and a cop told him that his car makes him look like a meth head because it is messy and lots of water bottles on the floor.
I always have water with me and I don't litter so I throw in the back until my *** gets tired of looking at them. I didn't know I was creating a profile by doing so.
10-27-2009, 11:15 PM
#98
I read the article.
Probable cause to stop you does not equal probable cause to execute a search. There still has to be probable cause to do a search and the police have to conduct the search on the premise that a judge/magistrate would have issued a search warrant under the facts of the case.
Here is a link to a homeland security training piece.
http://www.fletc.gov/training/progra...rroll.pdf/view
This is all moot because most people do not have the money to take on the government, even at the level of small police departments, but misinterpretation of the findings in court cases does not help.
There are a lot of things the police can do that are questionable (to put it mildly) and still be within the law. Searching a car ***** nilly is not one of them. You need probable cause. Probably cause is not easy to define and could be said to be like a fart in the wind sometimes, but I don't even think there was a proverbial fart floating in the wind here.
Probable cause to stop you does not equal probable cause to execute a search. There still has to be probable cause to do a search and the police have to conduct the search on the premise that a judge/magistrate would have issued a search warrant under the facts of the case.
Here is a link to a homeland security training piece.
http://www.fletc.gov/training/progra...rroll.pdf/view
This is all moot because most people do not have the money to take on the government, even at the level of small police departments, but misinterpretation of the findings in court cases does not help.
There are a lot of things the police can do that are questionable (to put it mildly) and still be within the law. Searching a car ***** nilly is not one of them. You need probable cause. Probably cause is not easy to define and could be said to be like a fart in the wind sometimes, but I don't even think there was a proverbial fart floating in the wind here.
That's just one example, PC is a very, very easy burden of proof, all it take is a "reasonable suspicion." The example I provided above would certainly be PC to search.
Another example, if the area OP was parked was known for some criminal activity, that alone could be sufficient PC. Think about it, if a cop pulls you over and suspects your car is modded, does he need a warrant to search under your hood or in your car for a nitrous bottle? No, he just needs a reasonable suspicion. Most drug finds by patrol officers come from cops that conducted a traffic stop and developed a reasonable suspicion, searched the car and found stuff. Classic search with no warrant. Think of PC as a cops ability to explain a hunch...it's really only a tad bit more than that.
Here's a basic idea of the hierarchy of burden of proof:
Low - Probable Cause (Resonable suspicion)
Medium - Indictment, Arrest, etc... (proponderance of the evidence)
High - Conviction (beyond a reasonable doubt)
I'm just sayin'...I may have done a few searches in the past.
10-28-2009, 02:48 AM
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Has anyone else noticed that in the OP's story he was alone in a car looking at the view with his male cousin?!?!?! I think that should be the part of the story that's questionable.
Sorry I figured I would try to lighten things up a little.
Sorry I figured I would try to lighten things up a little.