Does a policeman have to have a viable reason to search your vehicle?

Question

I am not nor have I ever been of any interest to the police. I live in a small rural parish in Central Louisiana. On Friday, I admit I ran a stop sign. Wrong, I understand but it is a very wide open highway and I could see nothing was coming so I did what we call a "rolling stop". One of our parish deputies pulled me over. As I said, I was guilty of running the stop sign. Before I knew it, 2 other deputies were there, and the deputy that pulled me over asked if he could search my car. I consented because I knew I had nothing to hide, but am wondering when running a stop sign made it a "reasonable search". As I said, I have never been in any trouble, there was nothing suspicious looking in my car. I always thought that they had to have a verifiable reason to search. Of course, the search turned up nothing, but I am concerned for people that travel through here. The South is already misunderstood enough without Deputy Dog making us sound
like we were off "My Cousin Vinny".

Answer 1

The cop is guilty of unreasonable search even though you said it was ok. There is a web site ran by a lawyer who points this out. The officer in question has no right to search you or your vehicle without probable cause. The problem is that you and most of us want to be on our way with as little fuss as possible so we put up with the unlawful acts of the police.
The 4th ammendment to the constition guarantees us the right to be secure in our person or place from unlawful searches.
Google "unreasonable searches" to see the video

Answer 2

2

Answer 3

Some good answers here...some are kinda misinformed.
The stop was reasonable because you committed a traffic offense. The search is a no brainer. The officer had no probable cause to search your car, so he asked for consent and you gave it. You knew you had no contraband, and he found none. Any officer can ask for consent to search from any person at any time in any place for any reason. Without PC the consent is necessary for the search.
You could have declined to give consent, and without PC he could not have searched. The request was not unreasonable.
Had the search happened without consent, THAT would have been unreasonable.
Next time, if you don't want to be searched, just say NO. If he has no PC, it won't happen (legally).
.

Answer 4

Very good answers from the "informed" parties above that I won't elaborate too much. I will however, throw some more "just in case" info out there from the few who posted and the many who I'm sure are reading that seem to have criminal inclinations or a desire to thwart the system.

Consent to search and probable cause aside. In certain states any and all traffic violations are arrestable offenses. That means you can go to jail for speeding, DUI or no turn signal, etc.
After your arrest,the vehicle will then be impounded and more thoroughly searched then if you would have consented in the first place.
Not consenting to a search will raise huge red flags in that officer's mind. Most are only allowed a certain period of time to conduct and investigation (1 hour). In that time, think of the arsenal of investigative tools and background that can be obtained. Dogs can come and work their magic, histories can be gathered, specialists can come and take a peek.

My agency informs others over the radio of vehicles who did not consent to search. Other officers take note and will make efforts to locate the vehicle and observe more violations.

For those of you who think privacy infringement and scope/power of authority are synonymous- compare certain foreign authorities to ours here in America. We have it made.

Answer 5

To search without a warrant the police have to have probable cause or consent. While there may not have been PC here, YOU gave consent and that takes your case outside the usual 4th amendment protections. Police can ask for consent to search anything and they don't need a reason or PC to ask for consent to search. Amazingly, most people, even those with loads of drugs and guns in the car consent to the search. If you hadn't consented the police would have had to have done one of two things: Go and get a search warrant or bring out the drug dog to walk around your car and see if it alerts before they searched.

Answer 6

There are a few instances in which a police officer can search your vehicle. The first is a consential search. Which means you give him your consent. (As in this case.) THe second is a probable cause search. Probable cause is when something leads the officer to believe that a criminal act is being committed. Your consent is not needed. The next is a K-9 search. If the K-9 alerts to the presence of narcotics your consent is not needed. If you don't want your car searched - say no.

Answer 7

Had you objected to the search, the officer would have had the option of making you stay there while he got a warrant and Adolf the Drug Dog.

Weird as law enforcement can be, police generally have other things to do than search cars. It's a big paperwork hassle, and they'll only do it if they think there's a reasonable chance of coming up with lots of drugs, which apparently it looked like you might have had.

Not being a big fan of bullies, I generally like police and try to help whenever I can. One night, however, I took unfair, cruel revenge on the poor police officer who stopped me in my truck on an interstate highway. I'm a professor, and my truck is filled with weird science-demonstration stuff. He stood there on one foot and then the other while I went on and on about my science program, and how important it is that everyone understand science. He couldn't wait to get away.

Answer 8

Yes indeed this is the south. South seems to be living in the middle ages. I was pulled over and given a ticket for a stop sign violation and I believe I made a full stop this doesnt happen in New York or other states North Carolina and Georgia are the most expensive states for speeding tickets. I guess cuz they just need more money for the budget.

Answer 9

Louisiana has a reputation for tough cops. Maybe you fit the "profile", like it or not. You ran a stop sign. You could have been under the influence of everything, robbed a bank, or just generally looked like you were up to no good. If you're doing nothing wrong, let them do what they have to, and you can all get on with your day !

Answer 10

It is not reasonable for them to search your car because you ran a stop sign. It became reasonable when you gave consent. They police cannot search your vehicle without a warrant, consent, or unless they view something that puts them in imminent harm, like a weapon.