So is it true that when a cop pulls u over and they have no warant and you say nothing the cops can search your car. But if u say i want to se a warant they cant serach your car. And is it the same for when u are at school and the cops search your backpack? Have no idea waht category to put this under so its random lol.
2006-07-06 19:23:37 · 14 answers · asked by BlazedGamer09 2 in News & Events ➔ Other - News & Events
Here is all the info you need and then some!
Plus this is a Smokin' site! lol
http://www.hightimes.com/ht/legal/
2006-07-06 19:30:46 · answer #1 · answered by Anonymous · 1⤊ 1⤋
There are two issues here. Most of the information provided is true to some respects but not all, There are some obvious jail house lawyers amongst us!
First off, as far as school is concerned. The minute you step on school grounds, you consent to being searched by school officials. That could also include school busses, while on school functions anywhere and even walking home since in some jurisdictions, the school districts remain responsible for students up until the moment they walk through their front door. School officials can request assistance by anyone to conduct those searches including the police. So yes, a cop can search your backpack under those circumstances.
As far as a "traffic stop" police officers only have to be able to "articulate" reasonable suspicion in some cases to conduct searches of vehicles. For instance, an odor coming from a vehicle which the officer "believes" is marijuana is not probable cause as seeing a joint in the ash tray would be. Based on odor, (assuming he doesn't have a drug dog in his back seat) he can detain the vehicle pending his investigation. He may or may not be able to detain you! He can constitionally hold the vehicle and either take the time to get a warrant or commense a search.
For the officers who go around just searching people's vehicles for no reason, it eventually catches up with them and in all my years in law enforcement, most cops I know don't want to associate with officers who will get them in hot water any more than you.
Your best option is to keep quiet as so many people here have suggested but consent to search could be construed by your silence as well. Cooperation will always work to your favor, for the most part. If you don't want to do the time, don't do the crime! as they used to say back in the day.
2006-07-06 20:17:01 · answer #2 · answered by Sam B 4 · 0⤊ 0⤋
It is true, that you can refuse to permit the police to search your car. The only way they can do it is if they have your permission or if they can visibly see something illegal, like drugs or paraphanelia sitting on the seat. They will try to intimidate you and tell you all sorts of crap about how they are just trying to help you out so you can be on your way, but the truth is, it's just like your home. They can't search without a warrant or probable cause. If you smell like drugs or alcohol, they have probable cause and can search it. If they have no probable cause they can keep you there why they try to get a warrant, but most of the time officers won't do this because it takes a lot of time. The backpack is trickier. When you are on school property you have fewer rights. I'm pretty sure that they can search your back pack without a warrant.
2006-07-06 19:31:09 · answer #3 · answered by Ilene W 4 · 0⤊ 0⤋
I don't know about searching cars but I did a debate on searches in schools. As far as I know, a cop can not search your backpack unless they have reasonable doubt that you are hiding something or if it is a random search among a class of students. They can't just go up to you for no reason and look in your backpack. My mom is a high school teacher and at her school, sometimes they have random searches. The way a random search works is, they can go through the teacher's roll book and call out every fifth person on the list for example. So every fifth person that gets called can be searched. They can not just point out people and look in their bags.
2006-07-06 19:30:56 · answer #4 · answered by Thing 5 · 0⤊ 0⤋
They are not supposed to search your car without probable cause. they can count almost anything for cause, you were slurring your words they smelled something weird doesn't really matter. if you say that they cant search your car they can then make anything probable cause get a warrant hold you there until they get one and then search your car. if you are under 18 and at school they can search your stuff for the general safety of the other students once you are over 18 you can say no because you have more legal rights but they can then ask a police to search your stuff because of probable cause. if you have any more questions you can always look up 4th amendment rights, the right to search and seizure into any search engine.
2006-07-06 19:33:10 · answer #5 · answered by kemmerk86 2 · 0⤊ 0⤋
Educate your kids. Minors have Rights! If you're Under 18
Even if you’re not under arrest you NEVER have to answer ANY questions, "except if the police officer ask for your name, date of birth and address." It's generally a good idea to say the same address that's on your I.D.
Staying silent will not hurt you. Do not let the police persuade you to talk.
They may tell you that staying quiet will make things worse for you or that they'll go easy on you if you talk but this is not true.
say, "AM I FREE TO GO?"
You have every right to refuse to speak with the police. And you shouldn't speak to them, unless you have first consulted with a lawyer who has advised you differently and who is present when you speak with the police officer.
The Fourth Amendment protects you against unreasonable searches and seizures.
The Fifth Amendment protects you against giving evidence against yourself, i.e., your right to remain silent
ALSO NEVER SIGN ANYTHING !!!
Never sign anything a police officer or a federal agent might give you, other than a traffic warning or traffic citation.
Anything You Say Can And Will Be Used Against You!
Car Searches And Body Searches,
Remember they wouldn't ask you if they didn't need your permission!
A police officers swore an oath to uphold the Constitution, not to violate your rights against unreasonable search and seizure. If a cop ask or tries to search you, your home or your car say repeatedly,
"I DON'T CONSENT TO THIS SEARCH !"
"The right to be free from unreasonable searches is one of our most precious First Liberties
Teach your children that the cops are not always their friends, and the police officer must contact a parent for permission to ask your child any questions
There is all kinds of information on this site for body search's also. Hope this helped answer your question
MindGamez
2006-07-06 20:22:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Pigs can search you when ever they want. The best thing you can do is say no, at least then you may have a leg to stand on, if you get a decent lawyer. If you give consent and they find anything you are screwed. As far as at school, students have no rights and they can search you, your locker and backback whenever their slimey hearts desire. Your rights come into effect when you turn 18. Then my advice would be say nothing, request a lawyer, admit to nothing and don't sign anything. They get paid to prove you are a criminal, don't open your mouth and do their job for them.
2006-07-06 19:53:33 · answer #7 · answered by caveman_frmc 3 · 0⤊ 0⤋
YES
Probable cause only, No warrant needed to search your car.
2006-07-06 20:00:22 · answer #8 · answered by dr1scott@sbcglobal.net 1 · 0⤊ 0⤋
Probable cause only, No warrant needed to search your car.
2006-07-06 19:44:57 · answer #9 · answered by ? 4 · 0⤊ 0⤋
A cop can search your car if he or she suspect you of something like drinking and driving and or drugs.
2006-07-06 19:37:31 · answer #10 · answered by Anonymous · 0⤊ 0⤋
probable cause or consent. wanna learn about it? go become a cop. if u arent doing anything wrong what is there to hide anyways?
2006-07-06 19:35:10 · answer #11 · answered by dtdtdtdtd 1 · 0⤊ 0⤋