a few days ago I was waiting at a local pizza parlor with some friends, deciding what we wanted to eat. A cruiser then pulls up behind us, and the officer gets out, asks for my license, and continues to walk around my vehicle asking questions. Not sure what I did wrong, and concidering we were on private property (commercial), how he could even do this. Was this search of my vehicle legal?
2006-11-27 06:23:32 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
ALSO: This is the same cop that pulled me over just 3 days prior for a speeding ticket (also issued the ticket on private property, as I was almost in the house when he came up the driveway and turned his lights on). I'm feeling harrassed here.
2006-11-27 06:25:04 · update #1
But since I was on private property how can he just come up to me without any calls/complaints on me or permission from the owners?
2006-11-27 06:39:02 · update #2
First of all. He did not search you. The cops have a right to look at the plain sight areas of your car with impunity. If you say, happen to have a kilo of cocaine in the backseat in plain sight, he does not need a warrant or probable cause to look in the back seat, see it there and arrest your ***. Now, if he pops your trunk or rifles through your pockets or bags, he needs probable cause for that. However, the standards for probable cause are very very lax. It is quite rare for a cop to search you without good reason and almost never does such a search meet the standard where it could be considered inappropriate. If you are committing a crime, you are completely **** out of luck and headed toward jail. If you are stupid enough to try and make an issue of it with the judge and you are obviously guilty....expect the harshest possible sentence (courts punish people for being dickheads).
As far as giving you a ticket on private property, once you committed the crime of speeding, private property is no longer any protection to you. Had you gotten out of your vehicle and gone into your house, the cop actually has the legal right to bust down your door, bust you on the head, handcuff you and drag you bodily from the house (again....being a ******** evaporates your rights). You have many rights on your own private property. Committing crime is not one of them.
2006-11-27 06:32:06 · answer #1 · answered by Anonymous · 1⤊ 2⤋
I'm not seeing the legal definitions of a search here. A cop walking around a vehicle asking questions is not a search even if he is looking into it from outside (plain view doctrine). Also, a parking lot that is open to the public is not private property like a home would be.
As for the second part about the cop pulling into your driveway to issue a ticket, he can lawfully do that. As long as the offense occurred down the road, he can follow you as long and wherever it takes to detain you for it.
2006-11-27 14:37:35 · answer #2 · answered by jaybird512 2 · 1⤊ 0⤋
tarkettel your an idiot,
You might have looked suspicious to him,, a car full of kids sitting in a parking lot, i would have done the same thing,, how does the officer know that you were not there to cause trouble for the pizza place, or try to rob it. as far as it being the same cop that gave you a ticket, it probably is coincidence that it is the same officer.yes it was legal he was looking to see if there was anything out of place in plan view, and was looking to see if the car was in sound condition to drive (ie. not broke lights, or wind shield, and such)
2006-11-27 14:39:44 · answer #3 · answered by redneckmp28 3 · 1⤊ 1⤋
You have just as much right to get his name, badge number and cruiser number as he does your information. You guys might as well keep track of each other. Also contact the ACLU and give them his information, and your own private attorney. Fight this officer with every legal means possible. Spread the word across the Internet as well, so that as many civilians as possible can monitor this officer. These guys are thugs with badges, guns and muscle. But you know the old saying: the pen is mightier than the sword.
I'll be watching you, too, Panacea.
2006-11-27 14:33:04 · answer #4 · answered by TarKettle 6 · 0⤊ 2⤋
No idea if its the same in America but in the UK the police can only stop you and ask for your details if they suspect you of committing or witnessing a crime, you can ask them why at the time but with the police their is no point arguing they can make up anything and a court will always believe them
2006-11-27 14:31:22 · answer #5 · answered by mary 2 · 1⤊ 0⤋
Yes, it is legal. Since all he did was walk around your vehicle, not move anything or pop your trunk. There is no search warrant required for this.
2006-11-27 14:30:48 · answer #6 · answered by troopermurphy154 2 · 1⤊ 0⤋
You are probably a troublemaker, and therefore he has a duty to keep an eye on you.
2006-11-27 14:25:50 · answer #7 · answered by American citizen and taxpayer 7 · 0⤊ 1⤋