Legal or Illegal Search and Seizure?

[ElevatioN]

The other night four of my friends and I were driving home from a Metallica concert. We didnt auctually go, we just went into the parking lot, told the guard we were picking someone up, and chilled in the parking lot listening to the music. (yes the humor of stealing metallica's music was appreciated)So then on the way home, we were cruising along, and we pulled up to a stop light. A motorcycle with a wicked bright light pulled up next to us, and shined its light on my car.
I asked my friends if that was a cop, so i could be sure that i wasnt speeding or doing anything else stupid. They couldnt tell so they kept looking at it. So the light turned green and i went a cautious 40 and noticed that the motorcycle stayed behind us at a 45 degree angle matching our speed. I noticed a sign saying the speed limit was 55, so i accerlated. Next thing i knew, i was pulled over.
My friend got my liscense and registration out of the glovebox, and i gave it to the police officer. Before i knew it he ordered me out of the car and hands ontop of the roof. He questioned me and checked my breathe and asked if there was anything in the car. I told him that it was clean and if he really wanted to, he could search it, and then let me sit down. Then he called my two male friends (it was 3 guys and 2 girls) out of the car and interviewed them. Backup came, and he searched the car, looking in the glovebox, a container in my arm divider and under the seats. When i asked what i was pulled over for he said you were looking suspicious. I said i didnt wanna get a ticket for speeding and he said well you were speeding anyways, and i said no, i was going too slow if anything. Later he admitted that i was doing nothing wrong. My question, did he have the right to pull me over and search my vehicle?

[Meltdown]

I wouldn't have given him permission to search the car.

[Tone-Loc]

Was everyone in the car wearing their seatbelts? Click it or Tick-it... errr, Ticket!

Otherwise, any competent lawyer would have gotten any case they trumped on you otherwise, since there was obvious there was no reason for him to pull you over.

- You were looking suspicious?

* Why? Because I was trying to figure out why a person on a motor cycle was shining a light in my car, and then proceeded to match my speed in my blind spot?

- You speed was erratic.

* Well, I thought you might be a cop before I knew you were a cop, and since I didn't know what the posted speed limit was, I drove a seemingly safe 40 mph. Once I saw the posted speed limit of 55 MPH, I accelerated to that speed.

# Case dismissed.


But in all honesty, depending on how far you were from the concert, and the relative age of you and the others in the car, then he was just checking for alcohol. Although, I think the search of your car, even after he smelled nothing on your breat was going too far.

[LuTze]

You can get pulled over for basically anything. And you gave him permission to search your car...

welcome to the world of probable cause- the excuse for police to bother you.

[Insolence]

when you said you can search it if you really wanted... you gave him permission to search. Even if his reason for pulling you over wasn't legit he still was within the legal boundries of search and seizure laws.

[Cod]

What time at night did you get pulled over? And how old are you?

I'm asking these questions because I know a lot of states have a midnight or 1am curfew law in affect. I know Georgia has had one for the past few years. If you were out passed the state's mandated curfew law, he is allowed to pull you over with no probable cause at all. And actually, the police officer can issue you a ticket for being out passed curfew.

If you're over 18, or your state doesn't have a curfew law: IGNORE THE ABOVE.

[philly]

Due to various newly instated federal laws and the Patriot Act, if deemed suspicious in anyway an officer does have the right to detain you and perform a search. Welcome to the new world order.

If what your saying is the whole story, this guy was bored and needed something to do.

[Acharne]

I believe he can search your car since you let him... Obviously you didn't have anything to hide, but I still wouldn't have let him just to be a bitch.

[ElevatioN]

i'm 18 and it was pretty early.. definatly before midnight. Everyone had a seatbelt on too.

How does the Patriot affect that admendemnt?

They can pull you over for no reason at all because when you got your drivers license you consented to any sobriety test, which you have to be pulled over for. He was allowed to search your car because you said go ahead. Thats they way shit works, next time dont consent to any search.

[Acharne]

You didn't get busted with anything, did you? I don't see a reason to do anything about it unless you did.

[Tripwire]

just say no to anything a cop asks you to do when he pulls you over.

Cop: License and registration
You should say "Do you have a warrant for them?"

Cop: Please step out of the car.
You should say: Only if you are going to arrest me.

95% of the time, cops will just give up and let you go. However, they will tail you for a while, so it's best to turn off asap and go to a restruant or something for a while. Then countinue driving at the speed limit.

The other 5% of the time they either will give you a warrant asking you to produce your licence and registration in a courtroom (aka you have to go to court, probably for 2 hrs of waiting and 2 minutes in from of the judge). Also, if the cop does arrest you, you will probably be in jail for 3-6 hrs until they have to let you go because they have no reason. If that happens, it would be best to consider a lawsuit.

This has been you lesson in fucking over cops today. Tune into tomarrow where I tell you how to rig your car to deploy your own spike strip in case of a car chase :D

[Acharne]

Texans scare me.

[ElevatioN]

nah i wasnt busted with anything, but it was a good laugh when we got away. i was just wondering somethings about it. and since i was clean i figured it was better to just cooperate, becuase the cop was soo sure that he was gonna find something that he probally would have gone and got a warrant. in all the situation was just a good laugh.

[Acharne]

Personally, after the cop found nothing I would have insulted him.

[Rimuladas]

"insubordination to an officer."

lol, how can you have that when they are a "public servent". In essance you outrank them........

btw, in washinton state, you can tell the cop to fuck off, and he can do nothing abou it. This should be true with all states, somthing called.. freedom of speech.


and trip:

Cop: License and registration
You should say "Do you have a warrant for them?"

in my state, quite possible all states, you must show - license, registration and proof of insurance when asked.

Cop: Please step out of the car.
You should say: Only if you are going to arrest me.

This is true, dont go anyplace with a police officer until he has confirmed your being arrested

[Cain]

A few people have said something across these lines:

when you said you can search it if you really wanted... you gave him permission to search. Even if his reason for pulling you over wasn't legit he still was within the legal boundries of search and seizure laws.

That's not entirely true. A relatively recent Supreme Court case tests the limits of police officers to conduct searches. Police officers boarded a Greyhound bus and said they were looking for illegal weapons and drugs. They quickly noticed two guys wearing heavy winter clothes on a warm day (this may have taken place in Flordia), and politely asked if they could search their person. The two men, it later turned out, had drugs taped to their legs etc.

The men consented, but there's still an element of coercion. How fucking dumb would you have to be to say, "Yeah, go ahead and find my drugs?" It's difficult to say no with two guys standing right over you. I believe the police also never told them that they had the right to refuse.

The Supreme Court ruled it an illegal violation of search and seizure. I think even Rhenquist was on board for that decision.

Feel free to ask seemingly stupid questions: "Am I required by law to do that?"

[Thrash]

Originally posted by Lich
In Grapevine, Texas, if you do not submit to a search you are arrested and your car impounded. If you are a smartass to a cop they will arrest you for insubordination to an officer. You don't screw around with cops in Texas, trust me.

Isn't that true. Every single episode of Cops you see, REGARDLESS if they SAY it's in like Phoenix Arizona, it's somewhere in Texas.

Oh and cops here don't fuck around.

[Acharne]

Cops here are stupid.... Out past curfew walking around and you can get off with anything if you just hold a chick's hand... They'll just drive by and wave... The sheriff does this.

[Tripwire]

Originally posted by Rimuladas


Cop: License and registration
You should say "Do you have a warrant for them?"

in my state, quite possible all states, you must show - license, registration and proof of insurance when asked.



I am extremely sure you can say that because what a cop is asking for is to search for the fact that you are a licenced driver in a licenced car. It is the same thing as if a cop wants to step into your home for some questions if they don't have a warrant.

I need to find the exact case materials on this issue though, but I know it's true.

[alphatronics]

Originally posted by ElevatioN
the motorcycle stayed behind us at a 45 degree angle matching our speed.

Stayed in your blind spot, not smart for a motorcycle.

Originally posted by ElevatioN
When i asked what i was pulled over for he said you were looking suspicious.

Are you black? ;)

[Zogo]

cops can make up BS excuses..last year I was just driving home and got pulled over...when we asked why..he said "you turned on a red light"...which was absolutely 100% NOT TRUE...he just made up an excuse to pull us over. probably wanted a chase lol.

and what do you mean "do you have a warrant to see my license" lol I dare you to do that..that'll get you arrested quick

[LostCause]

I'm pretty sure that a cop is allowed to seach your car. The only ruling is that he needs permission to go through the trunk of your car.
By saying he can check it you gave him permission to check the seats and the trunk

[Halfbreed]

You all shouldnt have been searched. You should have been shot.. You actually went to a Metallica concert? Do you own any justin timberlake cd's too? Metallica is a no talent disgrace of a music band.

[ElevatioN]

Originally posted by knockout
You all shouldnt have been searched. You should have been shot.. You actually went to a Metallica concert? Do you own any justin timberlake cd's too? Metallica is a no talent disgrace of a music band.

hey assfuck if you read my post you'd know that i was just in the parking lot, i didnt pay anything. i dont even like metallica, but we ended up there. oh and 'rock your body' is a great song.

[k9black`]

Originally posted by xero
welcome to the world of probable cause- the excuse for police to bother you.


what was the probable cause?

Originally posted by k9black`
what was the probable cause?

He said "They couldnt tell so they kept looking at it."

Look at it from the cop's point of view. Even if he is just a dick cop, that can stand as probable cause in a court of law. A buncha kids who could have looked like they were acting paranoid because a cop. Thats enough probable cause to pull you over and check you and your passengers' sobriety. Since you not only gave him consent to search your car, you suggested it, then it was 100% legit.

Sorry man.

[Lanx0r]

I do not know about the civilian police force, but in the military world an MP must have some sort of reason to search (ie smell of alcohol, smell of pot, etc). You can also conduct a search if their driving is erratic or their conduct seems odd.
If an MP asks to search your car, and you refuse, he can take you into custody. However if your story is as you said, he really had no reason to search you. If anything, he should have told you why he was searching your vehicle as he was doing it - that is SOP in the US Army MP Corps.

I guess you just got a douchebag on a bike. :/