I live in Michigan and I have been pulled over once before and the officer asked to search the car, we were all perfectly sober and everything. Does the officer have any ability to search the car without my consent? What are my rights in Michigan if I get pulled over because most police just try to intimadate you to admitting things they have no idea about to begin with.
2007-05-11 02:00:13 · 13 answers · asked by Anonymous in Cars & Transportation ➔ Other - Cars & Transportation
Technically yes, because you committed a crime (by speeding, which gives them probable cause (if there's something else to give them reasonable suspicion I believe)). Interestingly, you are actually "under arrest" or "detained" while the cop writes your ticket, and you are technically "released" on your own recognizance after the citation is given to you.
As for a search warrant, if the cop really wants to give you a hard time and/or feels like he can find something, he can detain you (and your friends) there while he calls in a search warrant request to a night court, whether you give him consent to search your car or not.
As for everyone who's talking about probable cause as a significant barrier to a search, they're forgetting that that only applies when no crime has been committed. When a crime has been committed (and yes, speeding is a crime), the bar for probable cause is lowered and the police have a much freer hand.
2007-05-11 02:08:39 · answer #1 · answered by gomakemeasandwich 4 · 0⤊ 0⤋
You are right the police are taking their position and letting it go to their head.
The only way an officer can search your car (this is any state) is if they have "probable cause". Meaning if you have beer on the breathe or open bottles, they see drugs. You have the right to refuse the search.
You can contest the speeding ticket. Ask for the following information. When was the last time the radar gun was calibrated, you need a copy of the report for calibration. What and when are the officers' quotas, and when are they due. This will make them want to drop the ticket since 9 out of ten are those reason they are pulling you over.
2007-05-11 09:13:15 · answer #2 · answered by e_bear_68 2 · 0⤊ 1⤋
The officer must have "Probable Cause". The Constitution allows for us to the right of privacy. So you should be secure in your home and person. This right extends to your car.
Probable Cause means the Officer notices something that makes him suspect a crime may be occurring. For example, if he smells weed coming from your car, he smells alcohol on your breath or notices weapons or drug items in your car. Notice how an officer will always look in your windows as if he is searching for something; he is...he is searching for probable cause. If he spots something, he then has the right to search your car.
Officer's always ask if they can search your car. While they don't like it, you do have the right to say no. Most people don't know they have this right.
2007-05-11 09:09:00 · answer #3 · answered by SpaceMan 2 · 2⤊ 1⤋
If he asked permission, and you gave it, he can search without "cause", however if you refuse permission police sometimes view this as providing "probable cause", then they must obtain a warrant. That being said, if you have nothing to hide and an officer asks to search, ask him if he has probable cause, this will make him aware you know the law and he might just skip it. This approach worked for a friend of mine in Arizona at a sobriety checkpoint. He was sober and just annoyed at being asked.
2007-05-14 23:17:14 · answer #4 · answered by clarklhc 3 · 0⤊ 0⤋
You can say no
But if they bring in a K9 you have no choice.
You must be in a bad area for them to want to search you, I used to live around 7 mile and Kelly, and I have never been searched - pulled over many times...
But yes the officers have the right to search if they feel you are a suspisios person..They detain you and call in a K9 unit.
2007-05-11 09:08:03 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If its only for speeding, the officer doesn't have the right to search your car. You have the right to say no, there has to be a probable cause to search your car.
2007-05-11 09:22:06 · answer #6 · answered by Jeremy D 2 · 0⤊ 1⤋
The officers have the right to search your car.~~
2007-05-11 09:09:21 · answer #7 · answered by burning brightly 7 · 1⤊ 1⤋
see i don't know. i live in Minneapolis, and the police are always searching cars, the sad thing is is that its always the black people's cars they are searching. i ha-vent once seen a white man getting his car searched,.. but i would think you would have to have a drug conviction or something on your background for them to be able to search your car.
2007-05-11 09:07:33 · answer #8 · answered by MiRaNdA rOsE 6 · 0⤊ 1⤋
They can search ur car only if they suspect something, but even if they do search ur car, they need ur consent and if u dont give it to them, they might get a warrent then u dont have a chance but to let them search ur car
2007-05-11 09:05:42 · answer #9 · answered by arsani401 2 · 1⤊ 1⤋
Nope, there has to be probable cause or the police have to have a search warrant it's like that in any state.
2007-05-11 09:04:01 · answer #10 · answered by Anonymous · 1⤊ 1⤋