Posted on 11/29/2007 6:38:28 AM PST by Sopater
How many times have we seen it? Someone is pulled over for a traffic violation, or maybe just a routine traffic stop, and the next thing you know his or her car is being searched. Nevertheless, most of the time, it is with the consent of the of the person being stopped. Why are you consenting to a search when there is no probable cause for one? The answer is simple, people are not aware of their rights.
The Constitution and the protections that it guarantees can be a bit daunting to "just regular ole' folks," but the gist of it goes something like this:
·Police may initiate a conversation with any citizen for any reason, however they may not detain you without "reasonable suspicion" that you are engaged in criminal activity. When you are stopped, you should ask the officer, "Why am I being stopped?" If the officer does not indicate that you are suspected of a specific crime, then this is a casual stop and you should be allowed to terminate the encounter at any time, but if the officer indicates that you are suspected of criminal activity, you are being detained.
·If a police officer asks your permission to search, you are under no obligation to consent. The only reason he is asking you is may be he does not have enough evidence to search without your consent. If you consent to a search request, you give up your Fourth Amendment protection against unreasonable searches and seizures, Scheneckloth v. Bustamonte, 412 U.S., 93 S. Ct. 2041, 36 L.Ed.2d 854 (1973).
Generally, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search generally can be used to convict the person.
Do not expect a police officer to tell you about your right not to consent. Generally, police officers are not required by law to inform you of your rights before asking you to consent to a search. If, for any reason you don't want the officer digging through your belongings, after you have consented to the search, you should tell himthat you don't want him searching through your private things and If the officer still proceeds to searchand finds illegal contraband, generally your attorney can argue that the contraband was discovered through an illegal search and that evidence could be thrown out of court, this is not always the case though.
You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. If you cannot tell if you are allowed to leave, ask the officer, "Am I free to go?"
I hope that this article informs people of their basic rights as far being stopped and the protections that are afforded to us by the Constitution. The goal of this article was to generally inform about the laws of consent and search, this article in not way is meant to be specific, for a more specific break down, I would advise to look at your state statutes, becaue they sometimes provide for more protection than the constitution does.
We support Constitutional law and order.
Kinda funny, that.
Worked for the majority of this nation's history.
I like it.
The police can pretty much disassemble the interior of your car. You can enjoy putting the seats and liner back in while parked beside the road.
It's called the laziness line, and if more of us refused to cross it, this crap would cease.
What were you charged with? Keeping and bearing arms?
In a similar vein, refusal of a search incident to a lawful stop is an element a judge may take into account when issuing the warrant.
If it's "instantaneous probably cause" what else would the judge need to consider?
You're telling people that something the judge "may take into account when issuing a warrant" is "instantaneous probable cause" in and of itself. Why would you do that?
I don’t know why you think I that I think the cops planted anything or are the bad are the bad guys in this story. They aren’t.
But there is a big difference in parents willingly contributing to the delinquency of minors and parents were trying their best to keep the party safe and sober.
The point of the story is that under normal situation if the parents found what was going on they would have ended the party and sent everyone home. Instead because the consented to a search (that they didn’t have to) they are now facing jail time and financial ruin.
I guess you are ok with that I’m not.
If you don’t want exercise your constitutional rights then don’t, but I do.
Your story sure got a lot of debate!
“My taxes pay his salary.”
Cops give ultimate respect to you when you remind them of that.
Being an attorney, you must know that if you consume any over-the-counter or prescription drugs, you too are a "druggie", particularly under the current sad sack dismantlement of the U.S. Constitution which constitute this nation's DWI laws.
They probably aren’t allowed to detain you while requesting a canine unit. Unless there is probable cause, the officer cannot hold you for extended periods of time.
“In the name of investigating a person who is no more than suspected of criminal activity, the police may not carry out a full search of the person or of his automobile or other effects. Nor may the police seek to verify their suspicions by means that approach the conditions of arrest.” Florida v. Royer.
The court determined quite some time ago(believe it was scotus, but may have been my state’s supreme)that 20 to 30 minutes was long enough absent articulable facts that would convince a reasonable person that more time was needed.
Arouse suspicion? If a cop has probable cause, he does not need your consent to search your vehicle.
Police sometimes go on fishing expeditions just to see what they can find. You are a citizen of the United States of America! You have rights guaranteed by the Constitution, know them... Use them.
Let's not forget, that once you give up your rights, a dishonest cop could plant incriminating evidence.
“I cannot imagine anything good coming from a police search of my car.”
Right on, brother. Years ago I was cleaning out the back seat of my car and I found a mummified joint. I have never partaken of the stuff; the offending doobie had been dropped by one of my nogoodnik pals.
Imagine what would have happened if I had been stopped and had consented to a search...I could have lost my car and a lot more.
I didn’t know one agency from another when we were there outside of the occasional local officer. The ones in black battle dress seemed to be into the SWAT posturing ie: chest pushed out,stone faced,hard stares at “civilians”. The intimidation attempts were palpable. I didn’t expect smiling faces from every officer but that behavior really struck me as strange
You see it every Saturday night on 'Cops' - cops have no evidence, but ask to search the car. The perp coplies, and next thing you know, they're hauling him or her off to jail. The lesson is supposed to be "don't do drugs" or some such thing, but the real lesson is to never agree to a search.
The police do not have your best interests in mind.
I live in the same state so I'm covered either way. Thanks!
As fow waiting an hour, my wife gets this at least once a year and sometimes twice, and all due to ignorance and stupidity on the part of the cop(s).
My wife has a medical condition (Lupus) that requires her to have dark tinted windows on the car. Dark tinted windows (in NY State) are normally illegal but permitted for valid medical reasons. She gets pulled over, asked about it, and shows the officer the DMV issued dark window permit affixed to the corner of each tinted window). The cop NEVER believes the permits are real, because he’s never seen one before. After many calls to dispatch and several checks with DMV, he finally releases her with an “I’m sorry for inconveniencing you, Mam”. This has happened at least once a year for the past 15 or 16 years and the stops average 30 ro 40 minutes per incident (and usually in the winter). Another thing, about 5 years ago, the idiot cop still issued her a ticket; and that required us to go to court and produce the dark window permit even though it was produced on the scene. Just how stupid do you have to be to get a law enforcement job in Amherst, New York?
Essentially, the War on Some Drugs has not only eroded our rights, our convenience and our safety (no-knock raids) but has corrupted police.
Between Serpico, the Vice Squad scandals in NY, the Ramparts in LA and the FBI Crime Lab, we have basically empowered organized crime-—with and without badges.
That story about your buddy is awful.
At least he had his car and could collect his things.
My aunt was pulled over for an expired tab and the car was impounded. OK, fine, I think her insurance was a month expired or didn’t have it on her. That’s OK (though a bit much, perhaps.)
Keep in mind, her baby daughter was in the car with her. The officer takes her car, does NOT allow her use of his phone and does not drive her to the nearest gas station or store or any location with a phone. Instead, AT NIGHT, she has to walk down a highway in Maryland to get to a place to use a phone.
And yes, she was black and the officer was white (do you really think a white cop would let a white woman with a baby walk down the side of a country road or highway? )
Eventually the chief apologized to her personally AND explained that what the officer did was totally against procedure. I would have probably filed suit and asked for a small compensation for what could have ended in the deaths of two innocent people, including a baby.
“Of course, they can always plant something during the search, but somehow I suspect most of the claims that this happened are from people with little credibility on the subject.”
Familiar with the Ramparts scandal in LA?
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