If your pulled over in a traffic stop for say no signial for a turn, and the cop wished to search your car,?

Question

is this a valid reason for him to search your car?

Remember..

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A police officer having a hunch, although I respect them, does not cover this, if you use the reasoning that he cannot describe the particular place and the persons or things to be seized.

Do you agree or disagree and give reason why..

Answer 1

No, it is not a valid reason to search your car just based on the info that you gave above and your answer when he asked you should be no. From the info you have given there is no probable cause. Unless you have something in plain site that was illegal like drugs for example. If your eyes were red or you are over fidgety he can search you. If he is arresting you for say a suspended license he could search you but based on the info you gave above no he should not. Here is where most people make the mistake if he asked and you said yes and he found something you are screwed because you gave him permission regardless of his reason for asking so remember: Just Say No!!!!!

Answer 2

You cannot be searched nor can your vehicle be searched without probable cause (or search warrant) in Indianna, or any other state for that matter, unless you provided/impllied consent to the officer(s) to do so. That being said, I am not going to say the officer violated your civil rights (4th amendment) during the stop or the search because there are not enough details aboutn the stop or the conversation during the stop to draw a conclusion from. True, there are some officers out there that operate as some of these upstanding folks have said (ie. search without consent, generate (lie) their own probable cause) but no one was there other than you and the officer. We cannot safely say anything was done wrong or right. If you feel that you were violated, then your best bet is to go to the supervisor over that particular officer and file a complaint.There may be a history of occurrences similar to yours. Then again, it may just be you over reacting to the situation. Who knows. Good luck to you with your situation and if you really want to avoid future instances like this one, come to a complete stop.

Answer 3

Yes, the police right to search a vehicle is different (greater) than their right to stop a pedestrian and seach him or her. Traffic stops are governed by the US Supreme Court's Terry case, which dispenses with probable cause and instead substitutes just a "reasonable suspicion." The officer is also allowed to intrude reasonably to protect himself.

And if you make furtive, sudden movements during the stop, e.g., to stash the drugs and the gun under the seat, you are in no position to object to the search.

Here's the catch-22. If you claim the bag with the drugs and the gun is your property, you're admitting the crime. If you deny that it is your property, then you have no grounds to object when the cop searches it.

Better solution: don't do the crime. Then you don't have to worry about a zealous cop finding the evidence, will you?

Answer 4

If you are black, you might get pulled over and them not tell you why or write you a ticket (because you did nothing wrong). I have been searched 3 times and never had a record, never anything illegal has been found, and only once did I get a ticket for like 8 over I think.

I disagree with you being searched. An illegal turn, speeding, driving excessively slow, running a red light, and acting really nervous during the stop are the only reasons I can see them searching me. But not for not signaling. There is nothing indicative of any ulterior negative motive by not signaling.

You can't sue, at least you can't with the expectation of winning. You can refuse, but usually that is accompanied with a towtruck and you taking a ride. You just have to tell them yes sir if you have nothing to hide. I think they randomly ask that question, but if you "fit the description" they ask more often.

Answer 5

If you get pulled over for failing to signal (or something else small), and you appear unusually jittery or suspicious-looking, sometimes that can be enough to constitute probable cause in the officer's eyes. It really depends on what you say to the cop and your overall demeanor. Were you sweating profusely like you were high on drugs? Did you appear disoriented as though you had consumed alcohol? Did you seem hasty like you were trying to "get it over with?"

All of these things could provide probable cause to search your vehicle, because they are common indicators of drug/alcohol use and overall suspicious criminal activity.

If you have nothing to hide, just let the cop search your car. Aside from that, just stay cool and collected when you get pulled over; that is good advice for anyone.

Answer 6

Never hand over your fourth amendment rights. Be respectful but insistent. Something like "I know you need to do your job, but I'm asserting my fourth amendment rights. You may not search my vehicle without probable cause or a warrant."

Answer 7

NO, they can ASK, but need a warrent to search. If you have nothing to hide and time, say no, make them get a warrent or out of your face. When nothing shows up, SUE.

Answer 8

If he wants to search my car, I'd let him. I have nothing to hide but, old french fries under the seats. If you make a big deal about it then apparently your hidng something and that sparks caution in a cops eyes! It's all about safety for them!

Answer 9

I'd tell him, "no, officer, you cannot search my car" because although I have nothing to hide, I don't know him; he might be trying to make a name for himself by planting drugs or paraphenalia in people's cars and then arresting them for it.

Answer 10

You have done the research and I will accept that you are correct~~