Can Police Search My Vehicle?
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- Опубликовано: 26 май 2010
- Criminal Defense Lawyer Ryan Pacyga discusses when police can and cannot search your vehicle, what some of the common challenges to vehicle searches are, and what types of things police need to get probable cause.
The simple answer is "only if they feel like it". A few weeks ago they stopped me in IL. They asked if they could search my car and I said no. They used the bogus doggy sniff test to say that the dog smelled drugs., and therefore they didn't need a warrant. Short story: A total of 3 DEA SUVs and 7 cops took my car apart over 40 minutes. Found nothing and let me go. Proves that the doggy sniff test can be used any time they feel like it.
And one cop planted something in your cab? lol
@@ivanoschen No, happily they didn't plant anything this time. AFter a lot of wasted time they let me go. The point is that the doggy sniff test is a big fake to get around the "probable cause" part of the Constitution.
Great advice about one should never consent to a search. I think many people are under the misunderstanding that the police are there to help. The truth is that during any traffic stop, the police are looking for anything they can use against you.
I could never understand why ppl think the police is their friend, they are there for one reason and one reason only.
Gary, I'm sorry you feel that way. Criminal defense lawyers don't condone criminal behavior, but we advocate for fair application of the Bill of Rights.
I wish there were honest, intelligent attorneys where I live. There is so much corruption in the local government where I live you never know what attorney can be trusted.
Well Ryan pacyga police have been known to plant stuff they bring attitude to their job and we as citizens have to endure that we are not going to take getting pushed around by police they have bad attitudes who don't know that do you know how scary it is to get pulled over they need to be retrained. Lawyer's always say that same b.s. until you stand next to one defending his out of control self its like when they put that uniform on their putting on the devil's clothes.
Also everyone has the constitutional right to an attorney and its the attorneys job to make sure the court & law enforcement uphold the constitution because they probably aren't. guilty or not, you do not want the government to have that much power. no matter what.
Would driving a car that comes to back to someone with drug warrants be enough for a search
Jees people think that? Firstly everyone is entitled to a zealous advocate and secondly without a good defense the jails would be full of innocent people.
Hey guys for anyone interested in this . The Supreme Court recently ruled in favor of the cops. I wanna say the case is North Carolina v. Helen but could be remembering the wrong case ... But long story short . A guy was pulled over for a broken tail light, his car was searched .... And they found drugs . PLOT TWIST: It actually turns out it's legal to drive with ONE working tail light in North Carolina (state) . Meaning the driver was not breaking the law. However , in this case the Court ruled ... Officers enforcing the law DO NOT need to know the law . Which is an insane ruling in my opinion
It's part of being an American citizen. My presumption of innocence should outweigh suspicion. Glad to know that you are standing up for our rights. Police shouldn't be able to break the law #POLICESTATE
They do it every day. I have all races of friends who have been deemed “bad”, and get pulled over. Sometimes for “your license plate light was out”. And then a million questions. This is why I’m educating myself. I believe saying as little as possible. Do not ever consent to a search. And ask if you are being detained, and am I free to go. And video. They become surprisingly nicer. You should watch the video on how many police dogs alert to a false positive. I wasn’t surprised.
"... they immediatly call the K9 unit, or threaten to do so. How do you beat that?"
A suggestion is to tell them to call the K9 and if charges result, request a jury trial and call the "canine officer" to testify about his or her "conclusions based what the "officer" smelled, etc., etc.
The judge won't allow that, so move for dismissal on grounds of inability to establish a trail of evidence leading from the initial police observations to the specific police charges... right to face accusers.
Technically, you should also be able to revoke a consent to search, however awkward it may seem. That is, before anything is found.
Exactly, you can absolutely. United States of America, v. David Carter, Appellant, 985 F.2d 1095 (D.C. Cir. 1993)
You could tell them they can search, immediately revoke. Wait a minute, give permission, revoke. How long until that gets old?
If don't let search your car they can't plant stuff in your car.
Facts
They do it all the time.
That definitely happens...
I don't have any room for them to hide anything and I know where everything is and I don't do drugs or drink so that I smell marijuana is bullshit when you stop me you got to come with a better one than that. What's the first thing you notice when they walk up their funky attitudes.
@@williamhudson2815 they really do got attitudes and talk to ppl like they are beneath them its fucking sick
Great job explaining what I am certain is much more complicated. U described it in a. Dry understandable language. Well done, good luck with your practice
Great video! You explained all of the aspects and law of vehicle search very well.
Love this video keep posting and helping the ones who don't know !
Thank you for your service.
Great post man! Thanks
Just learned this in my corrections class
Congrats on beating that case. Thanks for the info.
excellent. reasonable articulable suspicion that you have committed a crime. great information sir.
Here's the problem with all this. You have to pay a lawyer even if you're innocent.
rules to follow never answer questions you have a right to silence use it. always film everything cameras do not lie. remember police are not your friends they are fishing for reasons to arrest you. even the supreme court advise never talk to cops.
It would save alot of people's time of you made mention of what country these laws are for. Put it in the title or description.
They can always make up a story that gives them “reasonable suspicion” . They’re looking for someone who just did something and you’re a match in some way etc
I mean, I'm not 'murican and don't for certain, but can't "smell of marihuana" be used absolutely everywhere and for absolutely everything? You can't really prove that the police didn't catch a whiff from somewhere.
Don’t forget they pull you over if you have out of state plates,then lie about why they pulled you over. Happens to me every time I drive from tx to ga to visit my mom.
Good to know. Thanks!
My daughter and boyfriend got pulled over by a Georgia State Trooper and a Banks County Sheriff deputy for speeding. The deputy told her boyfriend, Kevin, that he looked nervous and asked him if he was nervous. Kevin said no. Deputy asked if he was carrying large amounts of cash, Kevin laughed and said "I wish". Then they asked to search the car. Both Kevin and my daughter just wanted to continue on their way and thought these cops would arrest them or hold them forever, so they said OK. One searched the car and the other asked my daughter, a recent college graduate enrolling in medical school, if she has an arrest record. Then "where are you both going." This went on for 30 minutes until the deputy realized they were just two young people simply going to the mountains for a hike. They let them go with a "verbal" warning for speeding. Verbal because they didn't want written evidence of the traffic stop. I called the trooper's office and was polite in asking why they did this, and the trooper got really pissed and almost yelling in the phone. I hung up before I said something that would get me in trouble. I was fuming for a week. This has given me a very negative view of the police, and I formerly supported our officers. Thanks for the video.
+Larry V so what is your complaint? The cops actions were legal and you didnt even get a ticket. Not giving a ticket does not mean there is no evidence of the stop. Cops job is to detect crime. Folks just dont wave them over and say Arrest Me. They hide. Cops seek them out.
+J whome My complaint? So you're saying any cop can pull anyone over, anytime they want? It's very easy for a cop to follow a car until the driver moves a little within their lane and the cop's reasonable cause will be "sir I noticed you swerving in the lane. Have you been drinking? Can you get out of the car? Do you mind if we search your car?" I'm not an attorney, but that seems to give any law enforcement agency a ton of authority to pull you over and just fabricate a reason. Legal or not, I am sure not okay with that. Thanks for you reply though. Good education for me and I will pass it on to my daughter.
+LVen21 But that is not what you said happened. Yes, cops can know how to use the law to prevent crime, detect crime and arrest violators. Isnt that their job.....just as a plumber is supposed to detect leaks, fix leaks and prevent leaks by knowing his trade.
J whome cops don't prevent crime,,they clean up after and make revenue off the good people,,,cops suk
Cops harass me alwa*s,,got decent record no feloneys and they fuk with me bad and want to talk to me about 1987 and shit
What if the cop say they sell something , but there’s nothing and there lying? What can we do as of then
Thanks pal
You might want to define articulable reasonable suspicion. Using things like traffic violations is more in the lines of probable cause. An example of ARS would be somebody pulling up to a known drug house, entering and then leaving shortly after at 1 o'clock in the morning.
I have an experiment... now police officers have right too...so this would have to be done under a terms of employment exemption...Give 1000 K9 cops randomly and without warning a lie detector test and simply ask them two questions.1)Do you have a secret signal for your dog so that he will indicate on a car that there are drugs? 2)Have you ever used it to illegally search a car? If we are honest it is likely that the result would be a horrible failing grade on top of the dogs themselves already getting a failing grade. I am aghast that after testing was done showing your average K9 police dog is only about 52% accurate, that the supreme court said 52% was good enough. 52% was a failing grade on every test I have ever heard of.
is a prior possession charge or being on a defferred sentence probation reason to expand the stop?
No
thank u very much ...
I had an FHP officer user a drug dog to search my vehicle. No drugs were found and it was obvious the dog wouldn't know Pot from pencil shavings.
What should I have done?
This is a good lawyer
SuperScreenman I appreciate it. Always working to improve and help people.
It depends, under statures one rule. Under constitutional law, common law, different standards.
Great video 👍
Thank you!
This is great info, I did a comedy cop skit on my youtube channel on illegal searches and seizures, its not the best but these videos help me gain more knowledge. Also to put out better material in the future.
NewRegionFilms happy to help inform the public
very informative
How does PC alone exempt them from getting a warrant ? Pc allows them to get a warrant but I dont see how it allows them to search without one ? Unless evedence is likely to be destroyed or some saftey issue ect. ?
Thank you for clarifying for these fools that the police do not need probable cause to stop a vehicle, only reasonable suspicion is needed
Words of wisdom: Don't move it if you can't hoop it.
If you don't consent, they get pissed. Then they order for k9 unit and can instruct the dog to signal for a false positive detection and ultimately search the car anyway.
N THATS WHEN U GET #FREECITYMONEY
When a cop stops and says....we relieved a call( lie) then starts to question you for no real reason . Why can't the person just request a sworn statement from the officer of this fact. Knowing full well the officer is probably just making up a reason to stop you. Please answer
Richard A. Valdes because the law does not require them to make a sworn statement in that situation. They aren’t sworn in until they either draft an affidavit or go to court to testify. They are also permitted to lie in interrogations to a degree.
Reasonable grounds to stop my car. What is the jurisprudence? I've been in different provinces where they will do highway safety checks. It's a fishing trip?
What I want to know is if it's a traffic volition, and nothing more than that,do you have to get out of the car when they want more out of you.?
A "reasonable articulable suspicion" is the key word. They must have some sort of real thing that they can point to in their training, not some trumped up charge.
They are trained for this stuff They want to have some action
Cops do stop drivers for no reason. I was driving late at night in the Ithaca New York area, I saw headlights behind me, & thought it may be a cop so drive perfectly, Making sure to not speed, sway, touch the center line, or move suddenly, I was Exceedingly cautious and sure enough, it was a cop & he pulled me over & he lied, Saying that I had touched the center line. That was TOTAL BS. He was bored & nosey & totally out of line.
Dam cops in Houston keeps stopping vehicles for random inspection. They keep blocking a lane on Hwy 59 that leads to i45. Luckily, I've never been stopped by them yet, but I plan to film the whole incident if they do.
Question: What about military base that says vehicles may be searched? This is considered implicit consent under totality of the circumstances. If you work on a military base you have to get searched to enter, so does saying you don't consent, but cooperate with the search fully protect you from any legal liability to a partial degree or is it totally worthless to say that? Could I just say it as a matter of practice so I don't ever forget to say it when not on base? That is one potential reason
this is a great video but , please understand that the general public cant afford a good lawyer like yourself , sad but true , most lawyers that put there name in for public defender get so over whelmed with cases that they cant put the work in that people deserve and they get burnt out , so they end up pleading out [ witch gives them a record regardless ] or getting berried for something that shouldn't have happened to begin with ,
Robert Ballard I agree with some of what you are saying. I do believe there are affordable lawyers. As far as public defenders go, they are indeed overworked and also underpaid. They are overwhelmed with their caseloads. They often are not appreciated, despite the good they do for our criminal justice system. I admire public defenders. Yes they have unique pressures and I bet they wish they could spend more time on each case they have. But their hearts are golden.
I wish we in the UK had a law that prevented random stops. They need "reasonable suspicion" to search it but they can stop anyone and it is an offense not to stop. Also an offense not to provide your details ( tax, insurance, name, address ). yes the Uk is more like a police state than people think
I agree about not giving permission to search, however if you say no then the police will just get a K9 and say the dog alerted and will then search against your will. How do you get around that?
I think it bullish that the police can use a dog to obtain probable cause!
I got pulled over with 3 of my friends i live in texas and well my friend didn’t have a license. So he immediately got detained. Then i had a vape pen in my pocket and i was completely sober yet he searched me either way..was he able to do that? And also my other friend was a passenger and he got arrested for possession. And he was also sober. Were all 16 also.
If they had a warrant for a person and for his home when the police Approach my vehicle cause i was park outside not even in his property . just parking lot and he got off my vehicle can they search me to with my consent or a warrant
You mentioned that in some cases cops will pull the driver and passenger out separately and question them, where are they going, where are the coming from etc. to see if their stories match up. Are you required to talk to the cops other than giving them your license and registration? Can you just ignore them or tell them that you’re not answering any of their questions.
How much is half a K in Minnesota?
Can a claim for damages be made after searches.scratches tears etc?
There was an instance where the parking lot was barricaded because there was a burglar robbing the apartment complex. Could I have refused a police search leaving the parking lot? They said they were checking all cars to see if he was hiding in them.
I have a question, what if the cops get a k9 unit specifically trained in drugs and the dog alerts on my vehicle even though I have no drugs, but I do carry a firearm without a license, what will happen in court? The dog falsely alerted but they still found something illegal.
what if you are from another country but legal to drive and they pull you over and ask to search ?.. i am curious ..
0:06 "... and the question is a little more complicated than that..."
The idea that that question is more complicated than stated is an outcome of the legal apparatus' adoption of the philosophy that nothing is absolute. (BTW, "Nothing is absolute" is an absolute statement.)
Since, in the police', lawyers' and judges' eyes, nothing is absolute, then anything is "expandable" without limit and explains why a person often feels a sense of being violated by a police or courtroom "experience."
or below...depending on your browser
is it true that if i'm carrying a gun and i have a licence to carry and i get stopped for whatever reason does the officer have the right to take my weapon until he or she figures everything out?
Question 1: when getting pulled over....and the Officer asks... " do you know why I stopped you " ....or......." do you know how fast you were going "...what is the best response.......thanks
Question 2: after having a few drinks at diner, and leaving the local restaurant , if I get pulled over and the Officer asks..." how much have you had to drink tonight "....what's the best response?...thanks
I was speeding and ran through a stop sign. I could see easily that nothing was coming and I was in a hurry. Can an officer take you to jail for speeding or reckless driving? I consented to a search and they found a speeding ticket in my purse from 4 days earlier. I'm a bit of a speed demon or I was at the time. They arrested me! Finger printed me and everything!
Yours is a personality issue.
With supporting affidavit of course?
I have a question about poiice stops.... can i record audio WITHOUT telling him/her that i do that? Will that be something that could be used in court? I know they mostly wear bodycams now but anyway...
What happens can i do if they areast me just cause i dont want id myself
How can law enforcement stop a car for a civil infraction? Traffic stops are warrantless seizures for CIVIL matters. Can you explain why CA cops are not sued over their illegal conduct?
@thorsmitersaw yes, for officer safety. As for confiscating your keys, out depends on the situation.
I never consented to any type search nor did my passenger i had no warrants nor did she & the gun was bought legally out the store the officers never ran my plates nor did they tell us anything until we was cuffed detain in the car were they then discoverd the passenger had a store bought fire arm the person in fact had no criminal history and had id on her they towed my car & took my women to jail and she did nothing wrong nor ever consented to any search which they did any way they took my lisence and gave me a ticket for suspended lisence & she had lisence herself they targeted us on site they never got behind us long enough to run my tags all this was a matter of 4 mins what do we do in this situation we have kids
You can ask for consent from anyone to search them. they don't have to be committing a crime, consent is consent
i got pulled over for parking like shit in front of a dealers house but i didnt give consent to search so they had nothing and i put everything out of sight before they came and they knew me and my friend were nervous but i just said we wear not doing anything so they let us go
I believe that legally the cops have the power to do whatever they want. But lawfully they shouldn't even be pulling you over, lawfully those lights are to let those moving property to let them by.
You got a criminal off charges of Drug Possession? Good Job! I feel much safer having guys like you around. Another example of a lawyer being on the wrong side of the law.
That's his JOB, "Dandy"...what, is everyone charged with some crime as "Drug POSSESSION" (never mind how the possession of something can of itself by default harm society) not 'worthy' of civil rights? In the moral panic surrounding the failed "War on Drugs", are the police now "Judge, Jury, and, at times, Executioner (rather than just Jailor)"?
If the lawyer 'gets him off', it's either because the case against him was weak to begin with, or somehow the Police and or Prosecution screwed up a winnable case. Damn THEM if you will, but don't damn the man's counsel for doing their job to assert his legal interests.
Even though he was breaking the law the cops had no right searching his car!!
I'm a truck driver, I was on a military base delivering a load, I used to go there once a week for nearly a year. Last time I was there I got distracted helping another driver and by the time I went back to my truck I thought that they had finished unloading, I looked into the trailer and the warehouse but didn't see anyone. Apparently he had gone back into the trailer on the forklift by the time I got behind the wheel. Bear in mind that they have no other precautions, no lights or any other indicator whether they are finished or not. I pulled up 100 feet before realizing he was in my trailer and backed up. No one was hurt and there were no damages. I was still on the premises when the security stopped me and then military police was called, they pulled a rifle on me and tore up my entire cab and sleeper, going through my personal belongings. Now is that a violation of 4th amendment? They also banned me from there without even hearing my side of the story and since our company mostly works with them, I almost lost my job. But I guess they can do pretty much whatever they want on federal property?
I’m sorry that happened to you! Military bases have unique laws and several exceptions to many constitutional rights, such as search and seizure protections. You basically consent to a search any time you enter a military base. I’m not saying what happened was the right way to handle it or treat you in that situation, but as far as you having a remedy for that you basically can’t do much about it. Maybe try writing to or calling the supervisors of the base to explain your side and see if they’re willing to let you back on the base for job purposes?
@@RyanPacyga thank you very much for taking the time to reply. I appreciate it.
Mohssen Kh you bet! 👍
How people have lost faith in South Wales Police Constabulary in U.K. they can make an arrest for shoplifting a packet of bubblegum, yet cannot do anything about Disability Hate Crime.
In all seriousnes,What is the law about cavity searches?🤔
No I'm happy for that
hi, I've seen on many videos that some folks just hang a bag with registration, insurance and DL along with a index size card explaining our rights. my Q is, is it legal? and if so would you have a link or some other way to send it? I would like to print it for my use. thanks 😀😀
mike rieve it depends on the state. It may work in some states that have DUI or other random checkpoints. Minnesota does not permit DUI or checkpoints. So in MN, if you do that after a lawful traffic stop, the officer may be able to ask you to exit the vehicle if he/she suspects impairment. You still can remain silent and refuse to perform field sobriety tests and a PBT. But you can't just hang those things out the window and refuse to get out if ordered to do so.
mike rieve also, there are many factors that have to be analyzed to determine whether police can search your vehicle without your consent. It starts with the reason for the traffic stop/initial police encounter and goes from there. But suffice it to say, the bag out the window thing may be fine for a minor traffic or equipment violation. Anything bigger than that and you'll most likely be removed from the car. Just too many possibilities to discuss.
I was stopped last night cause my exhaust was loud.. The cop insisted me to pop my hood because he had probable cause of me having illegal mods. I said no & he then threatened me with citing me with a misdemeanor, suspended license, etc.. and costly fines he repeated having probable cause to do it. I felt like I had no choice, I popped the hood and he gave me an infraction cause my air intake wasnt Carb Legal and sent me to the State Ref... Was their a way out for me in that situation? Or not. This happened in California
luis36702 warrantless search. The argument in court will Be whether you consented or not. Potential automobile exception as well.
If an officer asks you during a traffic stop to step out of the car, do you have to do it? How do you know if this a request for my voluntary cooperation or it's a lawful order that I must follow?
Usually that's a lawful order, so YES, you must comply, else you can and likely will be charged with 'obstruction'. The law has a legit purpose in not giving every knucklehead license to unduly delay the cops in a legitimate investigation or proceeding with giving you a citation. Some cops do have a 'short fuse' and over-react when a subject is understandably shocked and/or surprised, and not as quick to 'comply' as they'd like. With those types, it's as much a big ego trip with them; they get an attitude of superiority towards the public they're supposed to be serving.
Again, record, Record, RECORD all encounters with Law Enforcement. You need the evidence on hand just in case you're dealing with a 'bad' cop.
can the car your driving that belongs to a relative be seized and your passenger has drugs, ?
Im a 60 year old white man. I was traveling I-70 thru Kansas. I was stopped by Kansas Hiway Patrol because my license plate frame partially covering state name.
This was after he tailed me for 2 miles.
When explained why he stopped me I was so angry I could barely contain it.
Anyway, after about 10 minutes of asking me where I'm going. Where'd I'd been (I had on vacation in Colorado and Utah). Where I worked. My favorite sports teams... I finally said to him that I'd like to get going. He reluctantly let me go. I had a feeling he was getting around to asking for a search.
D N when law enforcement was probably working “interdiction.” Basically that means they’re looking for drug trafficking traveling across freeways and highways. I have had police admit, under oath in hearings, that they made a trivial traffic stop that they would normally let go for different types motorists. For example, not using a signal long enough in advance before a lane change, following too close, a partially covered portion of a license plate that doesn’t interfere with being able to read the registration tags and actual plate numbers/letters, etc. in interdiction patrols, they will commonly use any minor traffic code to justify a traffic stop. Usually it’s profiling out of state vehicles, rental vehicles, etc and they don’t really care about the minor traffic violation, they just want to pull a vehicle over that may have a chance of transporting drugs (that’s called a pretextual stop). Once they make the stop they’ll start asking about your travel itinerary, scan for anything in plain view that looks suspicious, and try to get a consent search or order up a drug dog.
Does an officer, once arresting you, then have the lawful authority to un-arrest you?
What if I was 10 feet from the car can they still search the car ?
I'm here after stumbling upon a vid of a police searching the car (with permission) and testing an urn with the baby's ashes as meth.
And another scenario where the cotton candy (blue) was tested and they said it's positive to be meth..
That woman (from the 2nd story) just lost 3 months of her life. And is now filing a lawsuit
When stopped by an officer and questioned, what is one obligated to say? Should one remain mute or simply decline to answer any questions? I assume that one must provide a valid driver's license and proof of insurance. But does the officer have a legal right to demand responses to questions such as, "Where are you going and why are you going there?"
wholeNwon for a traffic stop, yes you should provide license/registration, otherwise you may not be free to continue driving. You do not have to say where you are going or where you have been. You are being detained when you are pulled over by police, you have the right to either remain mute or say "I choose to remain silent." It's in your best interest to be polite in my opinion. Also, beware that by choosing to remain silent during a traffic stop, you may find yourself stopped for a longer period of time, and tensions may rise. So some people, aware of their rights, choose to answer questions because it's not worth the hassle or risk. Your choice, but always know there's a potential cost/benefit analysis.
how does a DUI checkpoint fit here?
I’m clean now haven’t even gotten pulled over for traffic for 20 years if I get pulled over does that give them the right to search just from my past?
Can a cop search your car if your your insurance is expired in California
You can remit your consent, during the search, also
Absolutely correct! 💪
can an officer legally search your car if it was stolen and the cops later recovered it. someone had stolen my car literally right in front of me but couldn't stop them, after the cops recovered it less than 20 minutes later I noticed that they had gone through it. the crazy thing was not only the incident but the fact that they or the people who stole it didn't shut the passenger door correctly and flung open while I was driving after getting it back.
justin brown it depends. They may do an inventory search or look for other evidence of the theft crime when processing the vehicle.
So if they order you to step out in a traffic stop and there being very rude can you have them call a supervisor
+Dom b might be a dept policy that they ask for one. But thats not law. and a cop can continue their stop/investigation or make an arrest with or without a supervisor and legally arrest you.
What if they stop u for speeding and ask u got
Anything in the car u say no they say we going to bring a dog that’s different because they don’t go in the car correct?.
So how long a time is "reasonable" to remain if you are detained ?
Eric the Red each case is unique. There is usually no “bright line” test like “anything more than 8 minutes” or something. It depends on the facts and circumstances. Take a look at this case: Rodriguez v. United States, 575 U.S. ____ (2015) (No. 13-9972, April 21, 2015)
And how can I prove I did signal my turn or that I didn't cross the center line?
And I am right now pressing counter claim charges against the city I live in because they went through my stuff and I got it all on camera and they had no search warrant Nowadays they call it doing inventory of your vehicle
What is a suspicious looking car
A car that your mom is behind the wheel of Michael. Do you mind if I call you Michael? Now the problem is that your mom is such a fat ass that the car leans badly to her side and they think it's loaded with a ton of dope. Not that she's ever carrying, nothing that is besides her fat.
I thought Ted was mildly amusing...
But you necroing a 10 month old comment to tell someone to commit suicide is even more hilarious.
A suspicious car is one that a cop needs to or wants to search. Suspicious will be the legal excuse.
No, as Carroll v. US 1925 is now obsolete so now officers need to call a judge on their phone for a lawful arrest or search warrant. Only Judges can order the incarceration of people to jail as in my jurisdiction the courts are open as stated in our constitution. Not legal advice whatever that is? I would demand to see a judge without necessary delay.
I live in hazen nd got pulled over for no licence plate on the front of my truck. They took my licence i had two friends with me we all just gave our licence had nothing to hide. He came back asked if any drugs were in tge vehical we said no he asked if he could search i said no. He brought a dog made him jump all over my truck and because the dog "hit" they pulled us out and searched found nothing but destroyed my truck broke vents inside ruined exspensive interior parts. and the dog scratched my paint all to crap i told him this was harrasment and he said " we will worrie about the laws later". Wrote me a warning and a no seatbelt ticket and let me go 2 hours freezing my ass off on the side of the road.
There was no probable cause whats so ever and one of my friends was a girl and was searched by male cop and ge grabbed her butt and said "oh dont start that shit" i watched him intentionally do it!!!
What if the cop just SAYS and makes up that he smells or thinks he saw something? How do you defend against that?
That’s a great question. I have had some cases where I believe that has happened. Sometimes we have succeeded in challenges despite false claims of odor, etc. Other times it is very difficult to prove if someone is lying. And to be fair, of course there are other times where there genuinely is an odor. But to answer your question, if there’s a dishonest claim about odor, we look to all the facts and circumstances, draw them out with very detailed cross examination, and make arguments based on those detailed facts and circumstances to highlight how the odor either could not have existed or could not have been detected. The reality is that police are just like other people. Some are very honest, some are sometimes honest, and some are not honest. Sometimes they overreach and make things up to support their suspicion. Other times they genuinely sense an odor or other indicia of criminal activity. Each case situation is unique.
How are the able to stop everyone during a "dui checkpoint" if this is true?
Excellent question. DWI checkpoints are unconstitutional in Minnesota because our state Supreme Court ruled they violate the MN constitution. But some states permit DUI checkpoints.
Nervousness? Reality check: We've all seen bad or rough cops on the news, & they're more common than they should be. Innocent people have been falsely charged, beaten, or shot by police for decades. All of us normally will be very nervous when being pulled over by a cop or confronted with them. Even with a good cop, a $150 speeding ticket, usually will make your car insurance go up $150-$450 a year for the next 3 years. Throwing up to $1500 out the window because of a traffic stop will get anybody nervous.
Cops: "Why are you nervous?" Me: "2 big ugly guys, looking mean & angry with hands on their gun holsters are standing right outside my window." If I suddenly sneeze, they'll shoot me.
I don't care who you are, you will get nervous when confronted with men with guns. The uniform just means they can do whatever they want if they don't like you, & will probably get away with it unless you caught them on camera... which don't help if you're dead, or in a hospital, all beaten up.