Stopped by cops for NO REASON!
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
Fu,
To follow up on your comment, when you sign and accept your drivers license, don't you also sign off on what you just described?
Also, what you might be able to do to at least cause pause to the cop's search, ask the officer what exactly IS his probable cause. If you think it's bs, or are concerned that something smells fishy, insist with due respect that the traffic supervisor in charge come out to the stop to supervise before he goes any further. Unless the cop honestly feels he can justify his probable cause as reasonable, he will probably stop there rather than drag his supervisor into the situation. Last thing he wants to deal with is his supervisor pulling him aside and ask him to the effect "I was dragged out here for THIS!?!!?"
To follow up on your comment, when you sign and accept your drivers license, don't you also sign off on what you just described?
Also, what you might be able to do to at least cause pause to the cop's search, ask the officer what exactly IS his probable cause. If you think it's bs, or are concerned that something smells fishy, insist with due respect that the traffic supervisor in charge come out to the stop to supervise before he goes any further. Unless the cop honestly feels he can justify his probable cause as reasonable, he will probably stop there rather than drag his supervisor into the situation. Last thing he wants to deal with is his supervisor pulling him aside and ask him to the effect "I was dragged out here for THIS!?!!?"
Originally Posted by Fumanchu
Almost all law enforcement agencies in the southland have stepped up there DUI inforcements. DUI's not only take many lives away from us, they also cost EVERYBODY a lot of money. I am glad we are so hard on DUI's. There have been so many innocent lives lost over the years just because someone didn't have the pride to call a cab or ask for a ride. I am tired of the high insurance costs that we all have and reading in the paper every weekend of another crash where alcohol was involved.
I agree with ya Fu Fu...... However, getting hit by a drunk driver led me to my 82-GSL..... :0)
Originally Posted by Fumanchu
Not true. You do not need a warrant to search a car legally. There is no reasonable expectation of privacy if you are driving around in your car. All the officer needs to do is to articulate enough probable cause that he MIGHT find something.
The only time you need a warrant to search a car is if it is parked in a garage or maybe to get into the truck in some instances.
The only time you need a warrant to search a car is if it is parked in a garage or maybe to get into the truck in some instances.
How old are you, what race are you, and how many tickets do you have?
Those all make a huge difference,
When I was young, (a long time ago lol) and had long hair and a couple tickets under my belt, I'd get continually pulled over and harrassed for nothing, other than that they ran my plates and figured they could bully me, now in my mid thirties and no tickets, not only do I not get pulled over for BS, but it seems they even cut me a little slack,
profiling is a bitch....
Those all make a huge difference,
When I was young, (a long time ago lol) and had long hair and a couple tickets under my belt, I'd get continually pulled over and harrassed for nothing, other than that they ran my plates and figured they could bully me, now in my mid thirties and no tickets, not only do I not get pulled over for BS, but it seems they even cut me a little slack,
profiling is a bitch....
and FU, I know that all you need is probable cause for a search, but you better have a legitimate 'probable cause', or be pretty sure your gonna find something, because if you dont and your probable cause is illegitimate, you could get yourself in a little trouble with the courts and your department, atleast that is my understanding. Of course this is dependent on an innocent pursuing it in court, hiring a proffessional attorney etc, which is not likely, so in practice, cops usually get away with whatever they want, but run into the wrong guy who knows his rights, and his dad happens to be an attorney, watch out....
[QUOTE=Fumanchu]Not true. You do not need a warrant to search a car legally. There is no reasonable expectation of privacy if you are driving around in your car. All the officer needs to do is to articulate enough probable cause that he MIGHT find something.
To ad on...
Chimel v. California - Officers can only search the person and the area under that person's "immediate control."
The only time you need a warrant to search a car is if it is parked in a garage or maybe to get into the truck in some instances
Chimel v. California - Officers can only search the person and the area under that person's "immediate control."
Last edited by 1984se; Aug 23, 2006 at 01:59 PM.
I imagine most courts would rule that the "trunk" of an RX7 would still be considered the passenger compartment because it is not totally blocked off. In any case Ryan, what you are talking about is a search incident to arrest. If the officer or deputy has the probable cause to believe that there is something in the car illegal, he can search anywhere that it might possibly fit.
Originally Posted by Fumanchu
I imagine most courts would rule that the "trunk" of an RX7 would still be considered the passenger compartment because it is not totally blocked off. In any case Ryan, what you are talking about is a search incident to arrest. If the officer or deputy has the probable cause to believe that there is something in the car illegal, he can search anywhere that it might possibly fit.
Joined: Aug 2001
Posts: 6,096
Likes: 9
From: So Cal where the OC/LA/SB counties meet
Video recap:
Probable Cause: Defined as the cop witness's some evidence to believe there is criminal activity going on. A HUNCH is not good enough, but can be something as simple as tinted front door windows or anything hanging from your rear view mirror.
Plain View Rule: Related, before any searching of your car, the cop has to SEE something that suggests criminal activity. Moral, keep your private things PRIVATE!!
Three most valuable sentences to remember:
Officer, I do not consent to any searches.
- Might not stop them, but lays foundation for your lawyer to block any evidence.
Officer, am I free to go?
- Excuse yourself rather than wait to be excuse. The longer the conversation, the more opportunity to mess up.
Officer, I have nothing to say without my lawyer.
- Not much explaination required.
Another good rule is to answer traffic cop's questions with questions. That approach worked well for the 40 year old Virgin, and it works well at traffic stops. Don't consent to anything or admit to anything. You simply do not have a clue on why the cop might have pulled you over and anything he suggests is surprising to you. Period!!
Also, see:
www.flexyourrights.org
And
www.aclu.org
Plain View Rule: Related, before any searching of your car, the cop has to SEE something that suggests criminal activity. Moral, keep your private things PRIVATE!!
Three most valuable sentences to remember:
Officer, I do not consent to any searches.
- Might not stop them, but lays foundation for your lawyer to block any evidence.
Officer, am I free to go?
- Excuse yourself rather than wait to be excuse. The longer the conversation, the more opportunity to mess up.
Officer, I have nothing to say without my lawyer.
- Not much explaination required.
Another good rule is to answer traffic cop's questions with questions. That approach worked well for the 40 year old Virgin, and it works well at traffic stops. Don't consent to anything or admit to anything. You simply do not have a clue on why the cop might have pulled you over and anything he suggests is surprising to you. Period!!
Also, see:
www.flexyourrights.org
And
www.aclu.org
Last edited by HOZZMANRX7; Aug 25, 2006 at 10:35 PM.
Originally Posted by cool_as_crap
ever been to socal? i have no doubts this actually happened
What i have trouble believeing is the dialogue he has down from the conversation.
I've been there before but at least you got to drive away with your car, after the cops searched my car gave me breathe test, then destroyed my car they took off laughing while me and my body spent another two hours trying to get the car started.Sometimes i wish they would have just given me a big ticket then f******G up the car still bugs me till this day.
I have no problem with the cops that enforce the law by the book because your truly endangering yourself or someone else... it's the **** tard cops that have something to prove.
sad thing is... most cops are just idiots... reno 911 sums it up pretty good
sad thing is... most cops are just idiots... reno 911 sums it up pretty good
Originally Posted by UNDISPUTED_FB
if im correct, fu is lapd, so they do what they want, i know, i used to live in watts. other than that, **** the police
As welll on another note, **** THE ACLU!



