I was on a private road just cruzing and I got stopped by a police officer. He pulled me over and asked me if I was with the other guys. I don't know who the "other guys" are and I said no and told him I didn't know who he was talking about and I was just driving down the road.
He then asked me if I minded if he searched my car. I politely told him that I would mind and that I do not consent to a search. He then said, "to bad, your on private property". He made me get out of my car and proceeded to search my car.
Since I was honestly just checking out the road, the search came out clean. He then told me that I could get going and reminded me the road was private.
I was just wondering. Was his actions proper and legal or did I really have the right to deny the search?
2006-11-23 07:14:41 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
His search was illegal. Police can search you or your vehicle if you are arrested. They may not search your vehicle because you are on "private property". I'm not sure where these other people are getting their misinformation.
If what some of these people are saying is true, they could search every vehicle that they stop for speeding.
As a general rule, if they ask your permission, then they don't have probable cause. If they have probable cause, they don't need your permission.
My advice is to hire an attorney and sue the department for a violation of your fourth amendment rights.
2006-11-23 11:31:23 · answer #1 · answered by bartmcqueary 3 · 0⤊ 0⤋
Yes, he did have the right to search your vehicle. IF there was call made by the owner about "the other guys" that gave the officer permission and reason to be on the property himself and put you under reasonable suspicion especially if the "other guys" were doing something like illegal discharge of a weapon. IF the officer was there of his own accord and the "other guys" were a fabrication to use reasonable suspicion as an excuse then no he was not within his rights as an officer to do so. However, if you had just exited the private property/private road then and he was waiting at the exit off property yes he had the right to do so, because you were in violation of the law for illegal trespass. Was there a sign posted? Also, you may want to keep in mind that IF an officer has ANY reason to site you, that gives them the right of arrest. Ticketing is in lieu of arrest and the officer can make that call. Thus even something as minor as not using your turn signal is punishable either by citation or arrest. The law is tricky and the odds are not in your favor.
* A little known fact about private roads: If the curb is rounded rather than squared its a private road.
2006-11-23 07:28:02 · answer #2 · answered by sonkysst 4 · 0⤊ 0⤋
There does not have to be a sign that says "Private" or "No trespassing" in order for it to be a private road. The first indication that the cop is wrong is the fact that he asked in the first place. You DO NOT have to let a cop search your car if he does not have probable cause. This cop was taking advantage of you. Even if you are completely innocent or extremely guilty, a cop cannot just search your car, private property or not. They need probable cause. If something came up that was in your car and you did not agree to the search to begin with the cop did it anyway you could fight it on one of many search and seizure laws in your state.
2006-11-23 13:38:26 · answer #3 · answered by KDJ_4 2 · 0⤊ 0⤋
There will be all sorts of opinions on this, some based on individual ideas of how they would prefer the law to read. However, anyone who is trespassing (on private property without invitation), can be assumed to be a threat to the property owner. You can be involuntarily searched in these cases.
2006-11-23 07:22:20 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If there was a sign posted:"Private Property"or road, then you were technically "Tresspassing"! Therefore a crime has been committed which in turn(unfortunately) gives the cop "probable cause" to get all nosy.Sorry for yer luck!!
2006-11-23 07:21:37 · answer #5 · answered by ? 2 · 0⤊ 0⤋
under this new law , the police can search you or your home car or property or what ever w/o a warrant, if you refuse they cn take you in impound your car until it is searched, so you can thank our good pres Bill Clinton for this.
2006-11-23 07:47:16 · answer #6 · answered by jim ex marine offi, 3 · 0⤊ 1⤋
yes , while on private property you are out of order and yes , you may get searched ,you were obviously on private property therefore ? ..............
his actions were legal ...........no you may not refuse the right to be searched ............;
2006-11-23 07:21:40 · answer #7 · answered by HJW 7 · 0⤊ 0⤋
I would say they probably are since you were caught in the commission of a crime. Trespassing.
2006-11-23 07:30:00 · answer #8 · answered by Shakaar 2 · 0⤊ 0⤋
You had the right to deny the search..
His search was illegal...
2006-11-23 07:23:22 · answer #9 · answered by Anonymous · 1⤊ 1⤋
yes...
or he can simply take you in.................
2006-11-23 07:23:57 · answer #10 · answered by cork 7 · 0⤊ 0⤋