Why do cops feel that it is legal to search a vehicle without a warrant?

Question

Earlier today I was pulled over for a burned out taillight and the officer tried to search my car. Obviously I refused. He proceeded to try and threaten me but he eventually backed down. Is this not the United States of America?
Also what kind of cop would you have to be to search someone without probable cause?

Response to this answer:
"we have cops at our school all the time and they said they cann't search a car without a warrant and if they try to search it you have the right to say no you can't search the car but thats where i live i don't know about there"

Thats what I'm getting at, they do not have that right but they try to bully you into it.

Any state that makes this legal is violating the US Constitution.

Cali Cop, your breaking the law when you do that. Any smart person could win there case against you for that.

ambr123, If you know the law instead of taking someone's word for it, you would know that is false. A warrant is definately needed. Cops don't get them because they can bully most people, because most people are kiss asses when they get pulled over.

Anyone who plays the "what do you have to hide card" obviously doesn't care about their constitutional rights. If you don't fight for your rights you will lose them.

If I had an open container and was rolling smoke like cheech and chong then I can see their reasoning, but I was wearing a buisness suit on my way to work! If I just go ahead and let them search my car, how does that look when I'm late for work. "I got pulled over and they searched my car for drugs."

Answer 1

I'm a real clean old guy but that worries me also. Glad you backed them down.

Answer 2

Ok, after reading how mad your getting about needing a warrant, and how made you got at some of the people responding, I'm going to say this.

There are some ways a cop can search your car.
-Plain View Doctrine (If the cop sees anything illegal in the car, he can search you and the vehicle, i.e. drugs, etc.)
-Arrest Warrent (If a cop pulls you over and you have a warrent, he can and will arrest you and search the car)
-Probable Cause (If you were suspected of committing a crime, i.e. someone matching your description was reported to robbing a bank)
-Search Warrent
-Consent (this is what the officer was trying to get from you, they first ask nicely, and you always have the right to refuse and say NO. Cops try to threaten you into it, and try anything they can to try and get you to say YES, they are just trying to clean up the streets. You will be suprised by how many people consent and the officer finds some kind of illegal thing in the car. Also, if you do consent, you have the right at anytime to with draw that consent, and stop the officer from searching. This I know for sure in Michigan, and I'm pretty sure of other places as well.)

There are other exceptions to that as well. Officers are also allowed to have you step out of the vehicle at any time during the traffic stop, they will probably search you for any kind of weapons (of course that is for the officers safety).

But the main reason he kept trying to persuade you into giving consent is because they want the citizens to be safe.

Answer 3

I stated the same episode of police officials. Why do stupid people say "ok, you could search for my vehicle" and then they have cocaine and marijuana interior the motor vehicle? once an officer stops a vehicle there are only 3 significant exceptions to the requirement for a warrant. the first, and maximum worry-free, is consent. second, the officer would search for a vehicle and not using a warrant if there is in all likelihood reason AND exigent situations. many times, the officer will use the actual incontrovertible actuality that a vehicle is a movable merchandise as exigent situations. which couldn't carry water each and every of the time because the officer can detain the suspect even as yet another officer receives a warrant. fairly even if it is for the time of agency hours even as quite a few judges must be obtainable to study the in all likelihood reason. remember, a warrant is only a judicial sanction of the in all likelihood reason that the officer comments from the scene. in all likelihood reason continues to be required for the hunt. The 0.33 exception universal is what's generic as an inventory search for. If the officer desires to tow the vehicle for any reason, they ought to inventory the vehicle's contents to take care of adverse to any declare of stolen merchandise later. for that reason, officials in many cases will seem for an excuse to tow a vehicle because they're then allowed to seek it.

Answer 4

I'm going to side with Cali Cop here on this one. Generally cops aren't "out to get you" or trying to abuse you, they're just trying to do their job within the law.

If the officer is asking you, it's not even necessarily because the officer doesn't already have probably cause, it's because he/she is trying to cover the bases by asking for permission. It's alot easier to say, "the suspect consented" than it is to establish probable cause.

But probable cause is pretty loosely interpreted. In testimony it could be anything as simple as, "the suspect looked nervous when I asked him/her if I could search the vehicle." to "I thought I saw a gun in the back seat."

In the end, you're better just consenting. In practice I've only asked to have my car searched twice, and I consented once. The time I didn't consent, the officer went over the exterior of my car pretty thoroughly until he got another call to be someplace else. That annoyed me a lot, but at the same time I know he's just trying to keep this World safer for us. Like Cali Cop said, you wouldn't be so mad if he'd searched somebody else's car and found your stolen property in it.

Answer 5

Get a No Cost Background Check Scan at https://bitly.im/aND8l

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 6

Cali Cop is correct on the warrant, consent, and exigent, but also left out a few. Cops can also search your vehicle without a warrant if there is contraband/fruits of a crime in plain view and incident to arrest.

Stoner Kitty is right on the "smelling weed smoke". And that comes from the court of appeals State vs. Folk. You can look that up on findlaw.com.

If a cop asks you if he can search your car, you do have the right to say no. It's that simple. If you tell me no, that's the end of the conversation.

Only on federal land with exclusive jurisdiction (military bases) do you not have the right to refuse a search. They have signs posted at the entrances of the property that state that once you have driven onto their property, your vehicle is subject to be searched at any time.

Answer 7

Unfortunately the police can search your car without a warrant. the supreme court has allowed such searches if the officer believes that what is open in plan sight gives him probable cause. The police do not have the constitutional right to open sealed containers or open the trunk without probable cause (ie a dog alerts the officer to drugs or chemicals in the trunk) Please check the Patriot Act. Also in my state if you refuse the police will tow your vehicle on the grounds of suspicion. When or if you finally get your vehicle from impound it is normally several days later and has been ransacked .

Answer 8

They think it because it is true. They can search without a warrant. They cannot search without probable cause.

"If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment thus permits police to search the vehicle without more." (Pennsylvania v. Labron (1996) 518 U.S. 938, 940; 116 S.Ct. 2485, 2487.)

That is the US Supreme Court saying that with probable cause a police officer may search a vehicle without a warrant. Do you have any other question?

Answer 9

It is against the law to search a vehicle unless they have cause. Politely say 'no' but make sure it is very clear that you do not believe in these searches and that you are NOT allowing it, but don't be rude. If they can see in your car and see something illegal they then have the right to search.

Answer 10

Well define search? They have the right to look in the windows of your car and if anything is suspicious, they can ask and try to obtain consent or a warrant if needed. What did the officer specifically say?

Answer 11

we have cops at our school all the time and they said they cann't search a car without a warrant and if they try to search it you have the right to say no you can't search the car but thats where i live i don't know about there