my question on tuesday i got pull of by the police . the police had his gun out but he did not aim it at me. he ask for my licence, i gave it to him and i ask him what was the problem. he said someone at burger king pull a gun and the suspect had the same type car that i had. to make a story short . they search my car and me. they got my name and address. my question is did the police have right to search me and my car?
2006-07-16 13:02:07 · 21 answers · asked by slim8880 1 in Politics & Government ➔ Law Enforcement & Police
i believe it is called probable cause
2006-07-16 13:06:15 · answer #1 · answered by uranus2mars 6 · 0⤊ 0⤋
The crux of this question is this: Could the police search
everyone who had that car - does the fact that your
car matched the car at the crime give them probable cause?
Unless you have an extremely rare car, legal precedent says
"no". If the only common element they have is that
you had the same kind of car and your car isn't very rare,
they did not have probable cause.
However, are there other things that you haven't mentioned
that they might have found suspicious? Were you speeding
away from the area of the crime? Did they have any sort
of description that might have matched you?
However: I really doubt that you'll get any satisfaction if
you try to pursue this legally - you can only sue for damages.
How were you damaged by this process? Is your dignity
at stake here? Your standing in the community?
If you think you can safely do this, I would write a nasty
letter to the police officer, his direct boss at the precinct
and the United States congressman who represents the
area where the illegal search took place.
You don't need to threaten anything, you should certainly
keep the letter polite - but your rights appear to have been
infringed and you should make sure that the right people
know about it.
Be prepared to answer questions, however.
2006-07-16 13:13:34 · answer #2 · answered by Elana 7 · 0⤊ 0⤋
Ok let's answer this. " someone at burger king pull a gun and the suspect had the same type car that i had "
1. Suspect w/ a gun .
2. You match.
Only thing i see that he did wrong was or what i would have done.
I would have stoped you and at gun point make you drop the keys out thw window and channel would have been closed. Hands raised and wait on backup. Soon as they arrived you would be ordered removed from your car and taken to the ground. Handcuffed and serached.
2006-07-16 17:59:45 · answer #3 · answered by andy3191 7 · 0⤊ 0⤋
They had probable cause to search your car. Did you give them verbal permission to do so? Did anything come of this, or was it just an inconvenience? If they found nothing, then forget about it. If you were the one robbed at Burger King, you would want anyone matching the description stopped and questioned.
2006-07-16 13:08:48 · answer #4 · answered by dhills23 3 · 0⤊ 0⤋
Yes, if you matched the description of a suspected felon they have the right to search for evidence to incriminate or exonerate. If you were the actual person they have an obligation to the public to insure you are arrested and not able to harm anyone else. Since you were a close match they had probable cause to search.
I know a guy who was arrested for murder because he was so close to the general description, he was released after they could compare a photo of the wanted person.
2006-07-16 13:17:00 · answer #5 · answered by JFra472449 6 · 0⤊ 0⤋
All any police need is probable cause and they can search anything and anyone they want. So yes they had the right because they had probable cause that you were the suspect they were looking for.
2006-07-16 13:07:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I believe that the police should have an actually warrant to search your car. You can always call your local pd and talk to someone about the situtation.
2006-07-16 13:10:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yup, Same thing happened to me several years ago. Only it was 5 cops cars. Mistaken identity on the car, they thought I had been taken hostage by a robber. As soon as they saw they made a mistake I was allowed to go on my merry way.
2006-07-16 13:08:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Well, they did have probable cause.. that is, your car matched the description, so they have a right, then, to make sure you didn't have a gun.
2006-07-16 13:09:28 · answer #9 · answered by DakkonA 3 · 0⤊ 0⤋
Not sure if they had a right to or not, but if I was certain that i was innocent, then I would allow a search of my car to prove my innocence. I would cooperate and allow them to do anything that they would need to do to clear my name
2006-07-16 13:06:49 · answer #10 · answered by Anonymous · 0⤊ 0⤋
For them to have searched your car you must have given permission, did you have a problem if so you should have contacted your city council or mayor.
2006-07-16 13:07:02 · answer #11 · answered by show_em_your_badge 3 · 0⤊ 0⤋