2007-06-03 11:53:46 · 22 answers · asked by b 1 in Politics & Government ➔ Law Enforcement & Police
You are still in trouble. They will only note you did not give them permission. It actually makes you look worse. A cop has every right to sreach...even if you say no.
2007-06-03 14:27:52 · answer #1 · answered by Anonymous · 0⤊ 1⤋
The Police can search your trunk under certain circumstances. Consent is one of them but there are other ways. You did not give enough information for me to tell you if the Officer(s) was off base.
Other ways to get into the trunk are Probable Cause, Search Warrant, Vehicle Inventory, Search Incident to Arrest (in certain circumstances), and Abandoned Property.
There is also a such thing as a vehicle frisk but it is limited to weapons and the officer must have reason to believe that weapons are in the vehicle (passenger area or reach of the occupants). The frisk would not apply here because we are talking about the trunk and not the passenger area (unless there is easy access from the backseat to the trunk then maybe).
The great thing about vehicles is that an officer can search them without a warrant when they are in a public place and probable cause is present.
2007-06-03 12:13:57 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
I am not sure where you are from, but around me, if you are pulled over by the police and they decide they want to search your trunk, they are going to do what they want and get away with it. Just like lawyers find loopholes in the system so do cops, and they do it everyday like its nothing. It is their job. If you are pulled over and they search your trunk, find a gun and some cocaine or marijuana, you're going to jail. You will not look too good in the judges eyes and all the cop has to do is say his REASONABLE CAUSE was "I smelt marijuana". That is enough. Their word will always mean more than yours in a court of law.
2007-06-04 20:42:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
This is hard to answer because it could go either way. If the police can use the probable cause law they may be able to say the search was legal.
For example, if they see something in the car in plain view such as a pipe, then they can say they have probable cause that drugs may be in the car and then search it.
If they just search without being able to show a valid reason then the search should not be legal.
Good luck
2007-06-03 16:20:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your question is incomplete. You need to provide more information and details before I give you an answer. Police officers are legally permitted to search a trunk without your consent, but it depends on the circumstances. So therefore, you need to elaborate further.
2007-06-04 05:52:47 · answer #5 · answered by dwmatty19 5 · 0⤊ 0⤋
It depends on the situation and where they found something... I would suggest getting a lawyer. If the police found something in plain sight (like a pipe or a bag or a gun etc..) then they can search your car- but I don't believe they can search your trunk without a warrent, further if this "something" was in a box in your trunk I don't think they can search that without a warrent.
2007-06-03 13:25:52 · answer #6 · answered by Sage B 2 · 0⤊ 0⤋
*** NOT LEGAL ADVICE *** Usually, if you haven't given the police reason to suspect you of any crime, the results of any search without your consent would be inadmissible at trial. Make sure your lawyer knows what happened exactly, what they could have seen, and whether you gave cause (like acting or driving as if you were under the influence, etc.). Good luck!
2007-06-03 11:57:24 · answer #7 · answered by David W 6 · 1⤊ 0⤋
Consent means you gave them permission
If they say may we search your trunk and you say yes, they search it, find something and you go to jail
If they say may we search your trunk and you say no, they are gonna take you in, search your car, find something, and you stay in jail
lose/lose situation
2007-06-03 11:57:51 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Then I suspect "you" should have gotten rid of that little "something" before "you" decided to take the car for a spin, attract the attention of the local Police, and give them enough probable cause to search "your" trunk for "something" that probably wasn't "yours"..!!
2007-06-03 12:22:02 · answer #9 · answered by J.I.M.M.Y 2 · 0⤊ 0⤋
I believe if you are on school property and they're randomly searching trunks, they are allowed to legally use it against you. At my school they always randomly searched people's trunks and it was perfectly legal (unfortunately).
And, if you're on the road and get pulled over, and they have suspicion that you were committing some other type of crime (you look drunk, etc.) they may still be able to search your car.
I would still try to fight it though. Cops suck.
Good luck with the battle against the pigs. They're usually just trying to fill their quota by pulling people over....
2007-06-03 11:57:32 · answer #10 · answered by Anonymous · 0⤊ 2⤋
It can't be used against you. The police have to have your consent to search your vehicle.
So don't be stupid and keep things in your car and if you're going to drive your friend's car and they have something illegal in it, and you consent to the search and something is found, you can go to jail for it because you're in care, custody and control of the vehicle.
2007-06-04 03:33:03 · answer #11 · answered by Claire L 1 · 0⤊ 0⤋