a cop searched my car when i said no he claimed because he seen a pocket knife he could, is that legal?

Question

He asked, I said no, he did anyway, stating he had probable cause because I had a pocket knife in my car. He found pot & now I had to pay for a drug eval & am now thinking I shouldn't have gotten one because the search was illegal to begin with but can't afford a lawyer, especially if "seeing a pocket knife" is probable cause according to the law, I don't know.

The state is KS. I was just washing my car & 2 cops came over asking questions. I had the car door open getting ready to vacuum it & they started poking around & looking in my car & asked to search & I said no & they did anyway, stating they seen a pocket knife (3.25" long) & they broke my glove box getting it open as it was locked & threw out all the stuff in it & in the console all over the car. I spent 2 days in jail & have court this week over it.

Answer 1

Plead not guilty, get a public defender the evidence will be thrown out because probable cause doesn't exist. Seeing something legal in the car does not give them probable cause. Unless the pocket knife was illegal, or you are on probation, in that case he can search you. Overall though they just do as they please and usually get by with it, don't let them railroad you, he obtained evidence illegally. It all depends on what is in the report.

Answer 2

The officer may be right if the knife was in plain view. If the knife was in plain view then less than probable cause may have been required as he would have had a reasonable basis for concluding that you were armed and presently dangerous. Also the presence of a knife in the car would have gaven him probable cause to search the car without a warrant under the "automobile exception" to search warrant requirement.

Where there is probable cause to search a automobile the officer may search every part of the vehicle with no exception and any evidence found in that search is legal.

You should therefore find a lawyer to assist you, I'm unable to offer anymore advice because I'm not sure how the officer discovered that there was a knife in the car. If the knife was in your pocket then different considerations would apply but once in plain view u really don't have much of a defense, the search was legal eventhough done without your consent.

Answer 3

First search is controled by various state laws and court cases, what is legal in one state is not always legal in another.

An officer in general terms can search any visible area of a car for his own safty. If he finds anything illegal or a weapon he may do a more complete search for his safety.

and of course as soon as you say no ( he knows you have something and will try so hard to either impound your car so an "inventory" can be done ( not a search but things are found) as they inventory the car into impound.

Next of course those old roach clips of old on the mirror was PC, a roach in the ashtray is PC and so on.

Answer 4

If a police officer has "probable cause", he CAN search your vehicle. Circumstances of this would be...1)he saw you driving away from or through a known drug house or neighborhood...2)the scent of "weed" or "pot" is obvious in the car when he pulled you over...3)he asks you for permission to search your auto...you say, "no"...but you are on probation/parole...he can search. As far as the pocketknife...if it is a 3" or LESS size blade...you can challenge the search. There are lawyers or public defenders that will work for free.."per grata"...and you may still have to pay for a ticket of the "weed". Good luck.

Answer 5

How did you encounter the cop in the first place? If you were pulled over, then he must have had probable cause to do so. Usually police are allowed to search cars without a warrant because there's a high chance the evidence won't still be there when they come back with a warrant.

Answer 6

Probable cause is a loophole that can be used in many cases to search vehicles. Some states require warrants for anything that is locked, however (like trunks, glove compartments, luggage inside the vehicle, etc.). Sadly, many states do not require warrants, and the power of the police increases sevenfold.

Answer 7

If a police officer stops you for a vehicle and traffic infraction and while interviewing the officer sees a weapon in plain view he has probable cause to take you out of the vehicle and search you and your vehicle for weapons for "officer safety" reasons. If while looking for more weapons he smells an illegal substance (i.e. marihuanna) He can search your vehicle more thoroughly. Having even a small amount of unburned marihuanna in your vehicle is easy to smell when you are not used to smelling it.
The cop has more of a case if he found the items within your reaching distance but even without it being in your immediate area of the vehicle there is still grounds for a search.

Answer 8

March 5th, 1974 the law went into effect that if a policeman saw a pencil on your dashboard and thought it was a marijuana cigarette he could search your car basically.
About your pocket knife, I don't know maybe he could say that it looked to be an illegal pocket knife.
The public highway belongs to the public, be prepared to be fully searched. It's not our right to dive on the highway but our privilege.

Answer 9

Yes it's called probable cause, they ask to see how you react, they still have the right to search your car for anything that can harm them, or anyone else. If you are acting suspicious they will search you and your car, they can pull you over if they think your up to something. There is nothing you can do legally.

Answer 10

If the Police Officer has probable cause to search your car upon a stop, yes it is legal for him/her to do a car search. If you don't think he/she had just cause to search the car, contact your Attorney.