"Get a warrant, I'll wait."
I've got nothing to hide, which is exactly why I expect to be left alone.
Would you let a cop search your vehicle if they didn't have probable clause or a search warrant?
Goducks5
2012/08/07 03:53:32
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They would always say, "Do you mind if I/we look in your car".
My answer, "Yes".
Then I would need to explain that I (do) mind.
Why would they assume that yes, meant it was Okay/
I dunno..>_<
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“Although American drivers are fairly well-versed in traffic laws, many are unaware of their rights in regard to searches of their vehicles. Although the Fourth Amendment propounds a right of the people against unreasonable searches and seizures sans a warrant, the Supreme Court has carved out a very specific and broad exception to this warrant requirement for motor vehicles. As the materials in this bibliography will detail, in 1925, the Supreme Court first established the capacity for warrantless searches of automobiles. Since 1925, the Court has expanded this exception to include not only cars but also motor homes, not only owners of vehicles but also their passengers, and not only the vehicle itself but also any containers within the vehicle.”
http://libguides.law.gsu.edu/...
But if you have a problem with me confiscating drugs and weapons that I have discovered due to probable cause under he Motor Vehicle Exception, then I will be more than happy to let them go. We wouldn't want to offend drug and gun runners would we?
And as I said... if you have a problem with me confiscating drugs and weapons that I have discovered due to probable cause under he Motor Vehicle Exception, then I will be more than happy to let them go because you believe I've trampled on their 4th Amendment Right. We wouldn't want to offend drug and gun runners would we......... Baby?
I'm a “by the number's” type of LEO, and go by the guidelines set by the Tennessee Attorney General on what we can use for probable cause.
I took a trip to Canada on my Motorcycle.. No problem on the Canadian crossing, however coming back the US crossing stopped me, the agent took all my stuff out of my trunk, saddle bags, and every where they could find something, even took the seat off to look underneath it.. They said OK your free to go now.. I raised a stink untill they put everything back just as they found it,, Later I protested to the Head of the Border Patrol and hope I got the asshat fired....
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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“Although American drivers are fairly well-versed in traffic laws, many are unaware of their rights in regard to searches of their vehicles. Although the Fourth Amendment propounds a right of the people against unreasonable searches and seizures sans a warrant, the Supreme Court has carved out a very specific and broad exception to this warrant requirement for motor vehicles. As the materials in this bibliography will detail, in 1925, the Supreme Court first established the capacity for warrantless searches of automobiles. Since 1925, the Court has expanded this exception to include not only cars but also motor homes, not only owners of vehicles but also their passengers, and not only the vehicle itself but also any containers within the vehicle.”
http://libguides.law.gsu.edu/...
But if you have a problem with me confiscating drugs and weapons that I have discovered due to probable cause under he Motor Vehicle Exception, then I will be more than happy to let them go. We wouldn't want to offend drug and gun runners would we?
Once a month I am assigned patrol of a section of I-40 (Henderson County, TN) which is a known corridor for drug transporting. In the past four years, on my shift, under the “Vehicle (or automobile) Exception rule”, we have confiscated both a ton of drugs and countless weapons that would have ended up on the streets.
We MUST have “probable cause” to conduct the search if a vehicle is stopped for a traffic violation. This probable cause can not be just a gut feeling, or a guess. There has to be some evidence that leads us to probable cause. That can be a BOLO, evidence such as the odor of cannabis, a visible drug paraphernalia item, suspicious or abnormal behavior of the occupants of the vehicle, or past drug or weapons arrests that we uncover when check during our radio (dispatch) check.
As a note, not all drug and weapons runners look like the sini...
Once a month I am assigned patrol of a section of I-40 (Henderson County, TN) which is a known corridor for drug transporting. In the past four years, on my shift, under the “Vehicle (or automobile) Exception rule”, we have confiscated both a ton of drugs and countless weapons that would have ended up on the streets.
We MUST have “probable cause” to conduct the search if a vehicle is stopped for a traffic violation. This probable cause can not be just a gut feeling, or a guess. There has to be some evidence that leads us to probable cause. That can be a BOLO, evidence such as the odor of cannabis, a visible drug paraphernalia item, suspicious or abnormal behavior of the occupants of the vehicle, or past drug or weapons arrests that we uncover when check during our radio (dispatch) check.
As a note, not all drug and weapons runners look like the sinister criminals you see on those phony TV cop series. I've arrested young men who could pass for the local HS football hero, young ladies who look like the girl next door, men and women who look like they are on their way home from the office, and elderly men and women who could pass as the typical loving grandparents.
For the record, I (nor anyone in our Department) has searched a vehicle without probable cause, and 100% of the vehicles we did search have turned up drugs and weapons that if not confiscated could very well have ended up in the possession of the Children and Grand Children of those apposed to our practice.