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To: AdamSelene235
Anytime you are detained, your person and the area immediately around you can be searched under the Terry doctrine.

That's not true. There needs to be probable cause before police can search a vehicle. Absent probable cause, permission must be given, which is what happened in the case at issue.

125 posted on 12/15/2003 4:56:51 PM PST by Sandy
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To: Sandy
If You say no to a search then they just simply call in the "drug dogs" and search the car without consent and if needed they "plant" what is needed to fund the local LEO group so they get funding...
128 posted on 12/15/2003 5:06:23 PM PST by ChefKeith (NASCAR...everything else is just a game!)
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To: Sandy
You may just be operating under a misconception of what the search Terry allows entails. Terry searches are okay ANYTIME the officer 'feels threatened.' That's part of the case the 'Terry' comes from--an officer patted down the suspect because he felt threatened and found contraband. That has been expanded so that an officer can search a car anywhere the driver can easily reach, so that the officer can stop 'feeling threatened.' The search that the officer has to have permission for or probable cause for would be one in which the officer could not find any threatening or illegal object inside the car within 'reach of the driver,' which essentially means anything in the passenger compartment of the car these days. Like a locked box or trunk.
142 posted on 12/15/2003 6:52:29 PM PST by LibertarianInExile (When laws are regularly flouted, respect of the law and law enforcement diminishes correspondingly.)
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To: Sandy
That's not true. There needs to be probable cause before police can search a vehicle. Absent probable cause, permission must be given, which is what happened in the case at issue.

Aw, how cute, you think you still have rights.

See Terry vs. Ohio 1968.

During a detention, anything you can immediately reach is searchable without a warrant. Read the 4th amendment carefully, you are only protected against "unreasonable" searches and seizures. The SCOTUS has ruled Terry searches to be reasonable warrantless searches.

All that is required for a detention is RAS which is a much, much lower standard than Probable Cause.

171 posted on 12/16/2003 8:30:55 AM PST by AdamSelene235 (I always shoot for the moon......sometimes I hit London.- Von Braun)
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