"I was pulled over by a police officerer he didnt ask permission to search my vehicle, and he did. is that coo

Question

"I was pulled over by a police officer recently for overdue registration. He asked me if there was anything that I wantede to tell him about before he searched my vehicle. I asked him what gave hime the right to search my truck. he replied "look at the car, look at the lights, THAT is what gives me the right. does he have the right to search without giving me a reason

what are your suggestions on fighting the ticket.

Answer 1

If he caught you in a moving violation then he had every right to search the car (truck). The simple fact that you were caught breaking the law opened up yourself, and your current possessions to search. That includes everything from your wallet to the car.

When the officer said "look at the car, look at the lights, THAT is what gives me the right." He might just have said, I am a police officer in the performance of my duty and I caught you breaking the law.

I am sorry I don't see a legal leg for you to stand on.

Answer 2

2

Answer 3

First: Stop.. If you are charged with anything from the search contact a Lawyer immediatly... Even a warranted search must be for a specific purpose/reason, and hence, so should the officer's probable cause. So go seek legal counsel. If you have a valid case of abuse of power, seek guidance on fileing a complaint with the DA, and/or IA.

The Constitution protects you from unreasonable searches, so the question is, does your state or locality note your stop as having enough probable cause for a warrantless search of the vehicle. In some states/localities simply commiting a minor traffic violation may be enough cause for your vehicle to be searched.

More than likely, you had the right to disclose that you do not want your vehicle searched, but gave some kind of implied consent. In most states, if you say no, they can either obtain a warrant to search, or bring a dog to search the perimiter of the car for enough probable cause to force a search. (ie the dog indicates the possible possesion of drugs).

Answer 4

There are four types of searches you may have been subject to:

1. Terry search of the passenser compartment of your vehicle. This is done for officer safety. Basically anything that is within your wingspan is searchable just in case there is a weapon you might attack the officer with. Officers may not open locked containers, however, including your trunk or glove box.

2. Search incident to arrest. A warrantless search incident to arrest may only be conducted if the arrest itself is lawful. That means that the arrest is based upon probable cause to believe the person arrested committed a crime,and is accomplished without violating the Fourth Amendment. The reason for this type of search is to ensure that any evidence will not be lost or destroyed. When must the search incident to arrest be conducted? Clearly, the search must occur incident to the arrest, but the actual timing is no precise matter. Searches occurring before formal arrest are incident to the arrest so long as probable cause to arrest existed prior to the search.

3. Consented to search. This is where you tell the officer that the officer may search.

4. Impound inventory search. If the police impound your vehicle, then the police must inventory the items within it to ensure that they are not lost. Thus, essentially, this is another search.

Answer 5

There is a general right to object to a warrantless search of a vehicle if the driver or the registered owner of the vehicle voices the objection. Rakas v. Illionois.
There are of course exceptions to this general rule. If an object is in plain sight, where it is immediately evident that it is seizable evidence, or if it can be determined by smell that the same is true, then there is no requirement for a warrant.
See Belton and Harris. Another exception is the so called
"Inventory" exception found in Offerman v S. Dakota.
If you were stopped for expired tags, then the stop was a
good one. However, if you objected to the search, any evidence gained should be suppressed unless one of the above exceptions applies. Otherwise, probable cause independent of the stop must exist to validate the search.

Answer 6

The ticket is cut and dry. Your registration was either expired or it wasn't. If it was, pay the fine and be glad that since it is not a moving violation, it carries no points.

The search is a separate issue. Unless he had probable cause to believe that you had illegal substances or evidence of a crime in your truck, he did not have any right to search it without your consent. Even with probable cause, he's have to radio in for a warrant. Therefore, anything that he might have found in the course of the search would be inadmissible in a court of law. If he found nothing, there is probably no point in pursuing it further beyond writing a letter to the Chief.

Answer 7

State laws and court precedents vary, but there's a general concensus that your vehicle on the road doesn't have the same constitutional protections as your home. The general theme is that driving on a public highway is not a right but a privilege extended by the state, and by getting on the road you give consent to some vehicle searches, alcohol tests, etc.

Answer 8

All the police officer needs is "probable cause" to search your car.

It's always good to comply with that request - if you have nothing to hide - no problem.

Answer 9

It's hard to tell. If he has probable cause then he doesn't need your permission. I don't quite understand the "look at the car, look at the lights" comment but I think I would have to see your car to put it into a context.

Answer 10

It varies by state.

In Ohio, unless you are guilty of a crime they do not have the right. If however they are going to arrest you, they then have the right to search your vehicle.