Search and seizure in a car.. is it legal?

Question

You are pulled over for windows being too tinted and you act nervous when the officer asks to see your license, reg., etc. Is that probable cause for the officer to search your car for narcotics or call in the dogs?

Answer 1

No! Check out the link below and watch the online movie. This is so important.

Answer 2

Just being nervous is probably not enough to allow a reasonable person to conclude that there is contraband or evidence of a crime in your car--but then again you don't know what other facts the officer might have (e.g., you fit the description of a robbery suspect who just left the scene of a crime). Note, however, that having dogs sniff around is not a search in the constitutional sense, and so long as they can do that without prolonging your detention, it is OK even without probable cause.

And before all the folks who don't know what they are talking about chime in, the police do NOT need a warrant to search a vehicle if they have probable cause to do so.

Answer 3

If he asks you if he can search the vehicle and you say yes. The you have given him permission to search the vehicle. But if he asks you do have the right to say no. But if he does have probable cause you don't have a choice. But just acting nervous isn't enough probable cause, but it would make an officer suspicious.

Answer 4

Sounds like a bogus search to me, but.......you are going to be hard pressed to do anything about it. Some cops have God-like complex of themselves - they can do anything they want.

In many cases, cops instincts are on target, they find drugs in the cars, or worse, so the courts turn a blind eye to the other searches, unless it is so overtly obvious harassment, and even then, fighting it is an uphill battle that will cause you more pain than glory. You will become a target for having your wheels over the painted line at a stop sign, and every other infraction whether real or imagined.

Police state? Yeah in a lot of ways. Every few years cops get exposed for abusing their powers and then they have to fight like heck to regain respect. Keep in mind though, most of the cops are good hearted people looking only for the protection of the citizens, its the rogue ones that tarnish the reputation for all though.

Answer 5

Here is my question. Most likely you were acting nervous, and he asked if you minded if he looked in your car. If he did, and you said yes, he doesn't need probable cause for anything. You gave him permission.

Answer 6

Yes

Answer 7

Well, not being there myself, I can't say...I can say that probable cause gives law enforcement the right to do it.

Answer 8

No. if they ask you if they can search your car say no. they are ASKING YOU.!!!! also say that your 4th amendment rights will be violated if you do that