my son was pulled over while sitting in friends driveway and his car searched. this officer is always pulling people over without a reason
2006-11-10 18:30:27 · 22 answers · asked by Marsha V 1 in Politics & Government ➔ Law Enforcement & Police
a cop can pull you over for anything... they can say your left back tire looks like it has less air than the others... but to search it, they can only do if your kids gives them permission or they have a warrant
2006-11-10 18:40:02 · answer #1 · answered by Mike P 3 · 0⤊ 0⤋
I'm not completely sure about this. From what the others are saying, yes the cop can do this. BUT, a friend of mine was followed by a police car right into his driveway and turned on the lights after he reached his front door. The cop tried to give him a ticket and search his car but couldn't cuz he couldn't prove my friend was actually driving the vehicle. But, I'd talk to a lawyer, the laws in your area may be different.
2006-11-10 18:43:58 · answer #2 · answered by Houjo 4 · 0⤊ 0⤋
I'm sorry i don't really have an answer but rather a question... How does a police officer pull you over in the drive way? Was your son driving and when he pulled over it was into the drive way. Or was he sitting there car parked and the cop just stopped? Maybe if i had more details as to how and why he was pulled over.
Because if cop didn't actually see the car in motion he cant search him, that would be like someone knocking on your door and saying they are going to search your house. The car was not on the road driving so he cant give probable case as to why he searched him. But if he was driving then that's a different story all together.
2006-11-10 18:40:19 · answer #3 · answered by Charisma 6 · 1⤊ 1⤋
Yes the cop can stop and talk to your son in a driveway and possible search his car. If he thinks suspicious activities are going on in the area, there are also numerous other reasons why he could stop and talk to him for a non-moving violation in a drive way.
Also if your son gave him permission to search the vehicle he had every legal right to do so. If he saw anything in open sight that was illegal in the vehicle he then has probable cause to search the vehicle. If he had a drug sniffing dog come and sniff the outside of the vehicle and the dog hit on something then he again would have probable cause to search the vehicle. There are multiple reasons why he could search the vehicle the main one is your son probably told him it was fine.
2006-11-11 02:26:22 · answer #4 · answered by drick 2 · 1⤊ 0⤋
It may sort of depend on the state, but generally because a car is a highly windowed and mobile object, the rules for probable cause are different than if it were your house. The fact that he was in a friend's driveway is a moot point, for if he were pulled over he would have just been on the road. If they found anything, seek an attorney for advice, but your son is probably screwed.
2006-11-10 18:40:14 · answer #5 · answered by lindzers99 2 · 0⤊ 0⤋
Anymore, they can pretty much do whatever they want - mainly because everybody lets them get away with it! If your son had sitting in the driveway for some time, the cop was probably just being a jerk! If your son really wasn't doing anything, then I would not just let this go- the police in my town are a bunch of idiots who think that because they have a badge and a gun, this gives them the right to treat people any way they want. They want to act big and bad like they are on the show "Cops" and that everyone they deal with is a hardened criminal! The only way to stop this is if we decide to stand up for ourselves and put a stop to it! I feel VERY STRONGLY about this because 6 months ago a cop shot and killed my husband while my husband was unarmed and only following the cop's orders - they say that his being hispanic had nothing to do with it, but who knows? Anyway, sorry to ramble, but I think it's time we take a stand against their discrimination against race AND age ( I'm guessing your son is a teenager) and demand the respect that we deserve-after all, it is our tax dollars that pay them!
2006-11-10 18:48:16 · answer #6 · answered by doodlebugg 3 · 1⤊ 1⤋
Unfortunately we have law officers like that. As far as I know, unless he feels he has probable cause to be suspicious of the activities going on at the car he has no right to go anything. Pull over and watch maybe. He could ask to search the car, without a warrant, I don't think he can legally search the car without permission. Who knows these days, anyways. Good luck!
2006-11-10 18:40:33 · answer #7 · answered by one_sahara 3 · 0⤊ 1⤋
I was pulled over(ha ha) and ticketed for driving without a license in my driveway. The police officer didn't ever see me driving, he saw me getting out of the car and walking to my door.
2006-11-10 18:39:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
It depends what state/county you are in as the laws may vary.
Also were they followed into the driveway from a public road?
Were there any keys in the ignition?
All of this will matter when it comes time for a court hearing.
You may need to consult a lawyer.
Good luck.
2006-11-10 18:41:35 · answer #9 · answered by BigTip$ 6 · 0⤊ 0⤋
THE OFFICER CAN SAY HE PULLED OVER FOR MANY REASONS AND IT WILL STICK....
YES HE CAN SEARCH...
YOUR BEST BET IS TO CONTINUAL FILE A COMPLAINT
AND OTHER DO THE SAME..
IF IT IS JUST YOU--LITTLE WILL BE DONE--BUT IF IT IS MANY--ACTION WILL BE TAKEN...
2006-11-10 18:39:00 · answer #10 · answered by cork 7 · 1⤊ 0⤋