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"No Probable Cause" Police Stop and Attempted Search in Las Vegas
May 1, 2008 | Foxpro

Posted on 05/01/2008 3:53:37 PM PDT by FoxPro

My girlfriend and I were driving around the city of Las Vegas in the area bounded by Desert Inn Road and Tropicana Avenue, Decatur Blvd and Rainbow Road.

We were looking for a particular battery shop to return a car battery that was erroneously purchased the day before. So we were both in rubbernecking mode trying to find this particular shop. We kept on seeing this particular police car as we basically drove around in circles for about 10 minutes. We pulled into a parking lot that we though might be where the shop was located (it wasn't). The police car followed us into the parking lot and immediately turned on his lights. We were very polite to the officer, and he asked that my girlfriend step out of the car and stand behind his cruiser, I am assuming to be out of ear shot so he could question us separately. And so he did. Our stories obviously matched. Unfortunately, I couldn't find my proof of insurance in the glove compartment (I am assuming it was tossed when my girlfriend recently cleaned the car). So the police officer wrote me a ticket for no proof of insurance. I also had a small crack in the windshield, and he wrote me a ticket for that. The crack is not noticeable unless you are very close to the windshield, and therefore could not have been the reason I was pulled over.

When I asked the officer why I was pulled over, he did not respond.

I was a little nervous (police make me nervous in general) and so my hand was shaking slightly as I signed the ticket. The police man then asked my if he could search my car!

I told the officer that I did not know of anything illegal that was in my car (a true statement), but that I loaned the car to different people from time to time (specifically my girlfriend who drives her friends around), and that I could not guarantee that there was nothing illegal in my car. He told me that if he found a pipe or even a small part of a marijuana cigarette in my car I would be arrested and immediately incarcerated. I then told him that if I was the only person that had been driving my car for the foreseeable past, I would let him search my car. But that since this was not the case, I would not voluntarily permit him to search my car.

1) I am assuming that the police officer thought we were looking for a crack dealer.

2) My girlfriend is 22 years old (and is a cute petite blond, its a Vegas thing, lol), and I am 46, so I am assuming he might have thought I was engaging in some sort of illegal solicitation for sex.

I have since obtained an "experience letter" from my insurance company and replaced the windshield.

Do you think it would be wise to bring up the "no probable cause" issue under the forth amendment in court, or do you think that would just anger the judge?


TOPICS: Crime/Corruption; Culture/Society; US: Nevada
KEYWORDS: probablecause
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1 posted on 05/01/2008 3:53:37 PM PDT by FoxPro
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To: FoxPro

So after you refused to let him search your car, what happened?

I’m a little amazed you didn’t get slammed face down on the ground and cuffed as soon as you admitted there might be something illegal in the car....


2 posted on 05/01/2008 3:56:25 PM PDT by Pete98 (After his defeat by the Son of God, Satan changed his name to Allah and started over.)
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To: FoxPro
Do you think it would be wise to bring up the "no probable cause" issue under the forth amendment in court, or do you think that would just anger the judge?

Don't think of it, and hope the cop doesn't show up.

3 posted on 05/01/2008 3:56:30 PM PDT by 1rudeboy
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To: FoxPro

I like the 22 year old girlfriend part =)


4 posted on 05/01/2008 3:56:34 PM PDT by mgstarr ("Some of us drink because we're not poets." Arthur (1981))
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To: mgstarr

Photos or STFU! :)


5 posted on 05/01/2008 3:57:50 PM PDT by 1rudeboy
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To: FoxPro
I told the officer that I did not know of anything illegal that was in my car (a true statement), but that I loaned the car to different people from time to time (specifically my girlfriend who drives her friends around), and that I could not guarantee that there was nothing illegal in my car.

Sigh. The only correct answer is NO. Going into all that other stuff gave me probable cause to search your car and I'm not even LEO.

6 posted on 05/01/2008 3:57:56 PM PDT by Domandred (McCain's 'R' is a typo that has never been corrected)
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To: FoxPro
Lawyer up. The first thing your new lawyer will tell you is surrender your id and insurance, and keep your mouth shut, except to say no, or that you want to talk to your lawyer.

Later, put the lawyer's phone number as speed-dial #1 in your cell phone.

Most expensive thing in the world is a second-best lawyer.

/johnny

7 posted on 05/01/2008 4:01:25 PM PDT by JRandomFreeper (Bless us all, each, and every one.)
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To: Pete98
So after you refused to let him search your car, what happened?

He let me go.

8 posted on 05/01/2008 4:01:28 PM PDT by FoxPro (I love bacon.)
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To: FoxPro

Not clear to me....did he search the car after you said no? And what did he find?

If he didn’t search the car....why would you have anything to bring up to the judge?


9 posted on 05/01/2008 4:01:33 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: FoxPro

You had every right to refuse the search without a warrant. If there was probable cause then he still has to get a warrant. If you were sited for not allowing him to search your car, then yes bring it up. If it has to do with the other two tickets then it has no bearing on those two tickets. Good luck and stand up for your rights. Good call on the fourth amendment.


10 posted on 05/01/2008 4:01:54 PM PDT by edmond246 (Who is John Galt?)
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To: FoxPro

Next time use MapQuest.


11 posted on 05/01/2008 4:03:35 PM PDT by swmobuffalo ("We didn't seek the approval of Code Pink and MoveOn.org before deciding what to do")
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To: FoxPro

The drug war is a failure. It makes criminals out of citizens.


12 posted on 05/01/2008 4:03:38 PM PDT by mysterio
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To: Drango
why would you have anything to bring up to the judge?

To avoid the fines?

13 posted on 05/01/2008 4:04:11 PM PDT by FoxPro (I love bacon.)
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To: FoxPro
To avoid the fines?

Post a picture of your girlfriend and FreeRepublic MAY pay your fines.

14 posted on 05/01/2008 4:06:24 PM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: FoxPro

I knew a lady who got stopped at 4 am for DUI.

When she asked the officer why he stopped her for DUI since she wasn’t driving erratically, he told her that just being out at 4 am was probable cause for a DUI stop.


15 posted on 05/01/2008 4:08:11 PM PDT by GourmetDan (Eccl 10:2 - The heart of the wise inclines to the right, but the heart of the fool to the left.)
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To: FoxPro

To be honest your story does not sound too believable, I say show up at the hearing and keep quite.


16 posted on 05/01/2008 4:08:55 PM PDT by SF Republican
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To: FoxPro

I wouldn’t know about judges in Vegas but in the next county over from mine, the officers (local, county, and state) and the judges are all in cahoots with each other and they’re all crooks. I was pulled over last year and given a speeding ticket when I was NOT speeding (the LE even let it slip that I was under the speed limit when I passed him... sitting at the city limit sign - HELLO!). Everyone knows it is a speed trap and to slow down. The trooper was parked at the city limit sign clocking people coming down a hill outside the city limits and claiming that they were within the city limits. Mr. M is in LE and showed him his badge to which the guy merely sniffed at and ignored him when he tried to explain we hadn’t been speeding. We knew there was no sense in fighting it. I took a defensive driving course to cut the cost and paid the fine at the front window without ever meeting the judge (obviously they make enough off wrongly given tickets to afford several windows for their blood money). I suspect you might be in the same position. It’s all a game that mere citizens can’t win. If you live in Vegas and you fight it, all their buddies will be looking for you. If you don’t live in Vegas then your out of town/state tag was enough, in their mind, to pull you over.


17 posted on 05/01/2008 4:09:00 PM PDT by mtbopfuyn
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To: FoxPro

Your cruising the neighborhood seems like sufficient probable cause for the traffic stop. The tickets weren’t out of line although they seem petty. He didn’t force you into a search, call out a canine unit or anything like that. You are lucky you didn’t talk yourself into that reaction. Chalk it up to experience and move forward.


18 posted on 05/01/2008 4:10:57 PM PDT by NonValueAdded (Who Would Montgomery Brewster Choose?)
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To: 1rudeboy
Photos or STFU! :)

I cant post her picture because of her profession

She steals chips from drunks at Blackjack tables Friday and Saturday nights. I have never seen her do it (to chicken), but I am told that she is very good at it. lol. She makes a pretty good living.....

What a town this is!

19 posted on 05/01/2008 4:11:16 PM PDT by FoxPro (I love bacon.)
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To: FoxPro
My girlfriend is 22 years old (and is a cute petite blond, its a Vegas thing, lol), and I am 46, so I am assuming he might have thought I was engaging in some sort of illegal solicitation for sex.

Really? I cant see why.

:-)

20 posted on 05/01/2008 4:11:25 PM PDT by lowbridge ("I can't wait to see what he stands for." - Susan Sarandon on her support of Barack Obama)
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