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
13:02:31
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10 answers
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asked by
slim8880
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in
Politics & Government
➔ Law & Ethics
they ask me where did u come from . this happen outside of birmingham,al
2006-07-16
13:18:18 ·
update #1
yea i'm black
2006-07-16
13:20:41 ·
update #2
Yes, because they had probable cause. If your car had not matched the suspects car, then they would not have had probable cause. The officer had his gun pulled for his own safety. The robbery, as you say, was an armed robbery. How was the officer to know whether or not you were the suspect? Any officer who pulls someone over who is suspected of an armed crime will do the same. The officer showed his discretion by not pointing the gun at you.
Supergirl, you need to know the law before you try to portray yourself as a legal adviser. You didnt even mention probable cause, which the officer did indeed have.
Have you never heard of the plain view clause? It doesnt require a search warrant or permission.
2006-07-16 13:09:21
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answer #1
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answered by tmills883 5
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They had probable cause to stop your car, since you and your car met the general description of someone who had committed a felony.
You could have legally told them that they could not search your car, and they would not have been able to do so without a warrant. If they had done so anyway, any evidence they found (like a joint) would have been inadmissable in court.
Since you were innocent, and had nothing to hide, it probably got you back to your business quicker. The other approach might have made them arrest you, impound your car, and then the next day, release you and drop charges, and let you have the car back (of course you would have to pay the impound fee).
2006-07-30 16:23:04
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answer #2
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answered by Atom 3
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They have the right to search you and your car if they have probable cause, which means driving a vehicle that matches a description of one used in a nearby crime falls under. Under the Patriot act, all they would have to say is that you matched the description of a possible terrorist and they could detain you for a LONG time without pressing charges. Thank your stars that it was a simple stick up job you resembled.
2006-07-16 20:11:19
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answer #3
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answered by cabbie 2
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Yes, probable cause. You said the cop told you a suspect in a crime used a similar car to yours, so the cop had probable cause to check out the car to make sure nothing was awry.
Though, approaching you with his gun pulled was maybe a little far.
2006-07-16 20:09:54
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answer #4
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answered by TikiTantrum 2
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it sounds like you are black or of some racial ethnicity and the day was what we call in the hood"task force tuesday" where police **** with you for no reason at all but because you are a race and were traveling. IF YOU HAND THE POLICE YOUR LICENSE,INSURANCE,AND REGISTRATION AND YOU ARE ALL GOOD AND LEGAL, THE POLICE NEVER EVER EVER EVER HAS THE RIGHT TO CHECK YOUR PROPERTY WITHOUT A SEARCH WARRANT OR YOUR PERMISSION. KNOW YOUR RIGHT BABY. I WILL HELP YOU WITH THE LEGAL THINGS.
2006-07-16 20:11:17
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answer #5
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answered by supergirl331117 3
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Assuming the cop was truthful with his reason given to you, then I would think that probable cause existed, and since it was your car and you have a limited expectation of privacy in it, then the search was both reasonable and justified.
2006-07-16 20:54:50
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answer #6
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answered by SS 1
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Yes. reasonable cause, you fit the description of an armed robbery weather you are black, white, purple,organge whatever the hell you look like, you looked like the robber that day.
2006-07-27 16:52:53
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answer #7
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answered by leatherneck_1991 1
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Under those circumstances most likely yes
Exigent circumstances will allow for that
2006-07-16 20:09:30
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answer #8
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answered by Anonymous
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u could have told them no then they would have brought a dog out and did it anyways.But by letting them look,it showed u had nothing to do with what they was asking.
2006-07-16 20:06:54
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answer #9
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answered by avecplaisir 1
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I believe that is reasonable cause.
2006-07-16 22:34:32
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answer #10
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answered by Jenny A 6
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