Probable cause .. who proves it?

Question

Lets say I Get pulled over. Cop wants to search my car. I say you need a warrant for that, not to mention probably cause. So if they can just always say that they have probable cause:

1. Whats the use of asking for a warrant?
2. If I was rich and had a lawyer, wouldnt a lawyer challenge probable cause?

Answer 1

If their is something that is visible from outside the vehicle looking in the window or an officer sees when hauling you out of the car that is probable cause. If a dog hits on the outside of your vehicle whether explosives or drugs that is probable cause. If you are placed under arrest for being under the influence either drugs or alcohol that is probable cause. Just stopping people and digging through their crap is illegal. If you smart off or act defensive or anything else he can trump up charges and barter with you for permission to search your stuff. If he asks to search you can refuse or if you nod or say ok then he can search it.

Answer 2

Well obviously you have something to hide if you have a problem with an officer searching your car. The fact of the matter is you have very little rights when it comes to your car much less than you would have inside your house. They don't need a warrant o search you car but is they want to search they will tell you all about probable cause when they go before the jury to testify.

Answer 3

1. You're on a PUBLIC roadway.
2. An executive order has granted police the ability to search vehicles under terms they deem "probable cause"

Answer 4

If you are arrested or products seized, you can argue the lack of Probable Cause before the judge that hears your case. You may win. I did!

However, while on the street, the police hold all the cards. Don't' be stupid and try to argue PC with a police officer doing what he sees as his job. Besides, he will then be certain it appears he had PC for the stop.