did the cop have a right to search my car?

[AH909]

Ok so long story short my friend and i snuck over to this girls house and her dad caught us and he called the cops. My friend left a bottle of advil on the seat and the cops saw it so they said they had to search the car but i asked them if they had a warrant which they replied no but said they could search it cause of the pills so i gave in cause i didnt have anything but did they have the right to search my car?

 

[PrettyBoyAJ]

Yep. Your a minor plus he had good reasoning. (He saw the pills). You didn't have anything so it didn't even matter.

You definately don't need a warrant to s earch a car.

 

[fertileTurtle]

No not really. The best thing to do when you are stopped for suspicion is to only give the required information such as your name address and id. You dont have to say anything at all. It takes restraint because the cops will try to get you to talk.

 

[backseatjuan]

They have a you guilty until proven innocent attitude, if you start to voice your rights it might end up bad for you. In a traffic stop, you could exit your vehicle, close all windows and lock doors. That is definitely suspicious, and the cop will tell you it's enough probable cause to search it, but no. All he can do is maybe call a dog to sniff it from outside. But he will lecture you, and try to spray you, and sit you down, and maybe tase you and take you in. Because HE thinks you are guilty until YOU prove that you are innocent.

Cop did not have enough probable cause because of bottle inside your car.

You feel like a douch because you live in femenist fascist state. Nazis in skirts giving you anal probes to prove you are not a terrorist.


Now I'm in Russia. With our laws they can search my car. But even if they do it's not as invasive as what happened to you. He'll check glove box and trunk looking for maybe a gun, body, baggie with weed or coke. Even if he finds something you just give him money and be on your way. When cop here stops you, he comes over to you and says hello and introduces himself. Usually checks your license, insurance, registration, and tries to have a small chat with you, about anything, to try and smell if you've been drinking. The road Cops, DPS, are not the same as Police, PPS. Road cop can't even touch you. If you start a fight with him he'll have to call Police and they'll deal with you, even then they'll try and talk to you, maybe reason with you for an hour. Over where you live, it's YOU DO THIS LIKE I TELL YOU or I'm gonna tase your ass.

Recently my ex friend was driving my car, we were both piss drunk and ran from road cops, 3 crews boxed us in, got us out, beat us up and were about to lock us for 15 days and take our licenses, his for running and mine for giving him keys, and we gave them money, about $600 worth and everything was cool.

 

[Zodiac]

Cop did not have enough probable cause because of bottle inside your car.

Yeah the Cop did actually. Take a look at my job: I know the rules Cops have to follow and him seeing a bottle of pills and the fact he's a minor out so late combines into probable cause.

 

[Bible_Belt]

Yeah the Cop did actually. Take a look at my job: I know the rules Cops have to follow and him seeing a bottle of pills and the fact he's a minor out so late combines into probable cause.

What's your job? Judge?

It's a moot point now, because consent was given, but I don't see the probable cause from a bottle of advil.

http://en.wikipedia.org/wiki/Probable_cause
The best-known definition of probable cause is "a reasonable belief that a person has committed a crime".

Upon what reasoning does a bottle of advil lead to a reasonable belief that a crime was committed?

That's why they just bully you into consenting, because they very rarely have probable cause. If you don't consent, they can call a K-9 unit and then claim that the dog 'acted interested' in your car. It's easier to bullsh!t a judge about a drug dog than it is to claim a bottle of advil is a crime.

 

[Deep Dish]

The police can search your vehicle without consent if they see something suspicious in plain view. Theoretically speaking, a bottle of Advil could be valid grounds for a search if an officer can conjure ‘articulate’ reasons for suspecting contraband, like being tipped off by a drug informant or observing you leaving a place of drug dealing. It's those contexts where the search could be valid, but realistically speaking the officer was on a fishing expedition to scare you for a youthful indiscretion.

Zodiac:
I know the rules Cops have to follow and him seeing a bottle of pills and the fact he's a minor out so late combines into probable cause.

I'm not so sure. The US Supreme Court has ruled that being found in a high-crime neighborhood at night is not an articulate reason for probable cause, in itself, so it would seem unlikely that being young and out late would fit the bill. If anything was found, there would be a good chance the evidence would be suppressed in court.

 

[horaholic]

I know a guy who got pulled over in Utah. the cops used an empty red-bull can as probable cause to search his vehicle. They found over twenty hits of ecstasy. He got off scott free because the cops DID NOT HAVE PROBABLE CAUSE. Another buddy got pulled over once. His passenger lit a cigarette as the cop was walking up, and the cop used that as probable cause also. He found a bowl of weed under the passenger seat. He said, "Thats not mine," and the cop said, "If its in your car, it belongs to you." Funny story: The next day the cop called my buddy and said he dropped his glasses in his car. My buddy said "Well, they must belong to me then, cuz their in my car." Charges were dropped against my buddy because the cop DID NOT have probable cause.

The fact is, if you want to know what is an isnt legal for a cop to do, ASK A LAWYER. you have the RIGHT to do so. If a cop wants to search your car, tell him as soon as a lawyer is there to supervise it, you'll be happy to comply. You DEFINITELY dont trust a cop, or anyone else who works in the system to tell you your rights, or what cops are allowed to do or not.

I don't give a fvck what ANYONE says, out late at night, and bottles of over the counter medication alone, DO NOT give a pig the right to search your car. That being said, I dont give a fvck how innocent you are, NEVER give consent to search your vehicle or house. Because most people cave in and give consent, and it makes it suspicious when someone doesn't., and because this has gone on for so long, when someone invokes their CONSTITUTIONAL RIGHTS, cops will use THAT as probable cause. Rights are worthless if people don't use them.

 

[Bible_Belt]

NEVER give consent to search your vehicle or house

That's the one thing everyone needs to remember. If they had the right to search you, then they wouldn't be asking for your permission.

 

[Zodiac]

What's your job? Judge?

Corrections Officer where people like you end up when they mouth off to a Cop after they get processed.

I'm not so sure. The US Supreme Court has ruled that being found in a high-crime neighborhood at night is not an articulate reason for probable cause, in itself, so it would seem unlikely that being young and out late would fit the bill. If anything was found, there would be a good chance the evidence would be suppressed in court.

You think Cops play 100% by the rules? Have fun with that notion. If they feel like saying you were drunk and by the time you got to the jail you ended up sober but they know you were underage and drunk before they hauled you in... guess who is right? Not saying all the time it happens but the Cop is trusted more times than not by the Judge over the Defendant that has EVERY reason to lie to save his rap sheet.

I don't give a fvck what ANYONE says, out late at night, and bottles of over the counter medication alone, DO NOT give a pig the right to search your car. That being said, I don't give a fvck how innocent you are, NEVER give consent to search your vehicle or house. Because most people cave in and give consent, and it makes it suspicious when someone doesn't., and because this has gone on for so long, when someone invokes their CONSTITUTIONAL RIGHTS, cops will use THAT as probable cause. Rights are worthless if people don't use them.

Fun fact: good old drug traffickers used to transport Ecstasy, cocaine or various other substances in... you guessed it bottles of over the counter headache meds. If you have nothing to hide then invoke your rights but honestly if you tell them to "Do a search" when you are hiding something then 9/10 I found (Before I got the job I am in now) they'll decline to search and let you onward since you called their bluff (And I only say this because of my own experiences but your mileage may vary.) That being said I've only had my car searched twice and neither time did I give them sh.it like most people did and I wasn't even talked to.

The thing people need to get is Cops only act like as.sho.les if you treat them as such. Most of you have the notion of them as "Pigs" when in reality they have a job just like you to do and people like you that give them sh.it makes them become di.cks over time. Honestly look at a Rookie right out of the academy and one on the force forever: rookie tends to be nicer, gives out more warnings for speeding and tends to overlook a young kid smoking pot/drinking slightly buzzed everyone once in a while for example whereas a Cop on the force for say over 16 years is a bitter ass that follows the law to a t and tries to provokes you into committing a crime in his presence so he can bust you because he regards all of you as the guy that is breaking the law due to everyone day in and day out has treated him like crap before they get to know him just because he's a Cop.

In before I get dumped on by the people that don't get that part of the time a Cop being a di.ck is partly your fault and I get crapped on. I'm pretty much gonna ignore you if you all say the same old "Cops are pigs," "Pigs are Nazis" or "All pigs are corrupt" like the tone above has been giving off.

 

[Bible_Belt]

Corrections Officer where people like you end up when they mouth off to a Cop after they get processed.

The best-known definition of probable cause is "a reasonable belief that a person has committed a crime".

The problem with your argument is that, as a prison guard, your standard is not that of a reasonable man. You think everyone is guilty and are thus biased. Most people, even most cops, would not associate Advil with crime. It doesn't matter who is right in any individual case; what matters is the reasonableness of the decisions made by the officer. That's the probable cause standard by which the search is judged. If it flunks that test, it doesn't matter what the police find in the search. If the search fails the 'reasonable belief of crime' standard, then anything illegal they find is inadmissible as evidence against you.

They teach these things in law school. You should go. I honestly think you would do well, probably better than I did.

 

[Deep Dish]

Zodiac:
You think Cops play 100% by the rules? Have fun with that notion. If they feel like saying you were drunk and by the time you got to the jail you ended up sober but they know you were underage and drunk before they hauled you in... guess who is right? Not saying all the time it happens but the Cop is trusted more times than not by the Judge over the Defendant that has EVERY reason to lie to save his rap sheet.

Voltaire, the philosopher, once wrote, in the opening to La Bégueule,

Dans ses écrits, un sàge Italien
Dit que le mieux est l'ennemi du bien.

In other words, “In his writings, a wise Italian says that the best is the enemy of the good.” “The best is the enemy of the good” is also called the “Nirvana Fallacy” which is “when you dismiss anything in the real world because you compare it to an unrealistic, perfect alternative, by which it pales in comparison.”

Having legal counsel representation addresses these issues with motions to suppress evidence. The police do violate the rules, with the NYPD serving a prime example for illegal arrests, most recently with leading the country with 50,000 marijuana arrests even though possession was decriminalized 30 years ago; the police were doing stop 'n frisks, asked suspects to empty their pockets, and then when the weed popped up, arrested them for "showing it in public." But that's why we have judicial review and constitutional law. The court system is designed to punish the police by giving defendants constitutional rights and suppressing evidence when the police are caught not following the rules. An officer would need a very good articulation of reasoning, to judge and jury, why an ordinary everyday Advil bottle sitting on a seat would be grounds for probable cause, or else it will be deemed fruit of the poisonous tree.

 

[Deep Dish]

As a point of interest, coincidentally, I also want to point out the influential New York Times ran a big op-ed concerning jury nullification.

Jurors Need to Know That They Can Say No

Dec 20—IF you are ever on a jury in a marijuana case, I recommend that you vote “not guilty” — even if you think the defendant actually smoked pot, or sold it to another consenting adult. As a juror, you have this power under the Bill of Rights; if you exercise it, you become part of a proud tradition of American jurors who helped make our laws fairer.

The information I have just provided — about a constitutional doctrine called “jury nullification” — is absolutely true…The doctrine is premised on the idea that ordinary citizens, not government officials, should have the final say as to whether a person should be punished. As Adams put it, it is each juror’s “duty” to vote based on his or her “own best understanding, judgment and conscience, though in direct opposition to the direction of the court.”

…Nullification has been credited with helping to end alcohol prohibition and laws that criminalized gay sex. Last year, Montana prosecutors were forced to offer a defendant in a marijuana case a favorable plea bargain after so many potential jurors said they would nullify that the judge didn’t think he could find enough jurors to hear the case. (Prosecutors now say they will remember the actions of those jurors when they consider whether to charge other people with marijuana crimes.)

http://www.nytimes.com/2011/12/21/opinion/jurors-can-say-no.html

 

[ArcBound]

They have a you guilty until proven innocent attitude, if you start to voice your rights it might end up bad for you. In a traffic stop, you could exit your vehicle, close all windows and lock doors. That is definitely suspicious, and the cop will tell you it's enough probable cause to search it, but no. All he can do is maybe call a dog to sniff it from outside. But he will lecture you, and try to spray you, and sit you down, and maybe tase you and take you in. Because HE thinks you are guilty until YOU prove that you are innocent.

Cop did not have enough probable cause because of bottle inside your car.

You feel like a douch because you live in femenist fascist state. Nazis in skirts giving you anal probes to prove you are not a terrorist.


Now I'm in Russia. With our laws they can search my car. But even if they do it's not as invasive as what happened to you. He'll check glove box and trunk looking for maybe a gun, body, baggie with weed or coke. Even if he finds something you just give him money and be on your way. When cop here stops you, he comes over to you and says hello and introduces himself. Usually checks your license, insurance, registration, and tries to have a small chat with you, about anything, to try and smell if you've been drinking. The road Cops, DPS, are not the same as Police, PPS. Road cop can't even touch you. If you start a fight with him he'll have to call Police and they'll deal with you, even then they'll try and talk to you, maybe reason with you for an hour. Over where you live, it's YOU DO THIS LIKE I TELL YOU or I'm gonna tase your ass.

Recently my ex friend was driving my car, we were both piss drunk and ran from road cops, 3 crews boxed us in, got us out, beat us up and were about to lock us for 15 days and take our licenses, his for running and mine for giving him keys, and we gave them money, about $600 worth and everything was cool.

Lol you live in Russia one of the worst places for corrupt cops...

They arrest you or confiscate your belongings for no reason and then basically accept money to get it back.. and yes including road cops. I live in "Little Russia" and every single Russia person tells me this. They are some of the most corrupt people on the planet..

 

[Zodiac]

The problem with your argument is that, as a prison guard, your standard is not that of a reasonable man. You think everyone is guilty and are thus biased. Most people, even most cops, would not associate Advil with crime. It doesn't matter who is right in any individual case; what matters is the reasonableness of the decisions made by the officer. That's the probable cause standard by which the search is judged. If it flunks that test, it doesn't matter what the police find in the search. If the search fails the 'reasonable belief of crime' standard, then anything illegal they find is inadmissible as evidence against you.

They teach these things in law school. You should go. I honestly think you would do well, probably better than I did.

Lol. You telling me my world view reather than knowing it. You don't know my world view. I honestly think 90% of the inmates are innocent but its my job to make sure they don't kill each other whether they are innocent or a rapist psycho killer.

You don't know sh.it. I did Pre-Law in College to let you know and did real well. Reason I took this Prison Job was because it was the only way in Florida I could do some type of Law Enforcement after I screwed up in life when I was in college and a bouncer. Back then I saw some really bad things and I can guarantee I cant even describe it to you without you wondering why I haven't lost my sh.it.

You can tell when someone is off in the head. There is a look in their eye when they are off and I will admit that in the Prison I work at a majority of them don't have that look which means they either had a reason for doing what they did or they are stone cold evil and deserve to be there. Either way its not my job to judge and its my job to keep them alive so they can serve their sentence that a Jury and a Judge handed down to them on top of what a Cop said.

Remember I work in a Prison not a Jail. Prison means a Jury had their way with the Defendant and they didn't buy it either. That means 12 people decided he was guilty (All Male Prison) and he was sentenced to hard time.

Voltaire, the philosopher, once wrote, in the opening to La Bégueule,

Dans ses écrits, un sàge Italien
Dit que le mieux est l'ennemi du bien.

In other words, “In his writings, a wise Italian says that the best is the enemy of the good.” “The best is the enemy of the good” is also called the “Nirvana Fallacy” which is “when you dismiss anything in the real world because you compare it to an unrealistic, perfect alternative, by which it pales in comparison.”

Having legal counsel representation addresses these issues with motions to suppress evidence. The police do violate the rules, with the NYPD serving a prime example for illegal arrests, most recently with leading the country with 50,000 marijuana arrests even though possession was decriminalized 30 years ago; the police were doing stop 'n frisks, asked suspects to empty their pockets, and then when the weed popped up, arrested them for "showing it in public." But that's why we have judicial review and constitutional law. The court system is designed to punish the police by giving defendants constitutional rights and suppressing evidence when the police are caught not following the rules. An officer would need a very good articulation of reasoning, to judge and jury, why an ordinary everyday Advil bottle sitting on a seat would be grounds for probable cause, or else it will be deemed fruit of the poisonous tree.

Not at all disagreeing with you. This is the truth of the matter and you heard it from a Corrections Officer: he knows its a railroading system and is telling you this. This is what Bible Belt missed above.

 

[Bible_Belt]

You don't know sh.it. I did Pre-Law in College

Oh wow, pre-law. I had no idea that I was arguing with someone so educated.

 

[Serialized3]

Oh wow, pre-law. I had no idea that I was arguing with someone so educated.

:crackup:

 

[Zodiac]

Oh wow, pre-law. I had no idea that I was arguing with someone so educated.

And now I know you are a troll. Hats off my friend.

 

[backseatjuan]

They don't ever have probable cause, that's why they bully you into consent. In a way this is rape.

 

[Zodiac]

They don't ever have probable cause, that's why they bully you into consent. In a way this is rape.

Wow man that's hilarious. They had probable cause.