Once they pulled us over they asked for all of our IDs. All of us being underage gave them our real IDs. They asked the girl who was in the front seat to step out. She did and left her purse on the floor of the front seat. They asked my other buddy who they had seen buy the alcohol to step out of the car. He did. They asked if we had fake ID's. The guy who bought denied at first but after the officer started searching the car he said where it was hidden in the back seat. Me and my one friend are still sitting in the car until they ask us to get out one by one. They ask if we have anything on us and we reply negatively. So were all out of the car and one police officer searches the whole car and finds mine and the girls fake ID's in her purse which was zipped up on the floor. Was he allowed to do this? Is it against the 4th amendment? Now the 3 of our liscenses iare being suspended (the 4th guy didnt have a fake) and i want to fight it because i believe the search was unlawful? Anyidea?
2007-08-25 16:23:25 · 31 answers · asked by jchim42 1 in Politics & Government ➔ Law Enforcement & Police
When the police first questioned you, the guy who bought the booze should have fessed up right then and surrendered the fake ID.
It wasn't an unreasonable search or unlawful, as the alleged perpetrator was being evasive. Evasive people, always start the probable cause ball to start rolling. The purse was fair game, as it could clearly hide a fake ID or a small bottle of liquor.
Now, if they were looking for say, stolen plasma TV’s, you obviously can't hide a plasma TV in a purse. So looking in a purse, for a plasma TV wouldn't cut it in court.
More than likely, the cops would have cut you a break. But when you lied to them and they knew you lied, it gave them probable cause to conduct a search.
Once a search starts for something small like an ID, they pretty much can look anywhere in the vehicle.
Next time, cooperate and don't lie to the cop's, it's better in the long run.
2007-08-25 16:44:13 · answer #1 · answered by Anonymous · 3⤊ 0⤋
100% a lawful search. The officers had probable cause to pull over the vehicle and to find the evidence. A zipped purse means nothing! Even if you have a locked container in the car the officers can open it.
Edit:
I just read some of the other answers and I couldn't help but laugh....the police can't search your car if you don't give them permission? Then most criminals would ever be caught. Good thing thats not true in the least! On ANY traffic stop, as long as the officer can articulate a reason, the officer can search the entire passenger compartment of the vehicle, INCLUDING locked containers, for weapons. Ditto if the officer has probable cause if a crime has been or is about to occur.
2007-08-26 20:08:12 · answer #2 · answered by Vindicaire 5 · 0⤊ 0⤋
No, the search was not unlawful. It is a warranted search. Here's the reason why. The first thing the cop asks your friend who bought the beer was, "if he had any fake id," and your friend denied by saying no, and later he told the cop where the fake ID was. Since your friend was already lying to the cop, it was considered "not co-operating" even though later he co-operate by telling where it was.
Second, since the cop pulled the car over, it has become a routine traffic stop, and the police are given a special warrant to search the car without a search warrant from a judge. This is called, "a probable cause search," it is a search to determine whether or not the car carries anything illegal, such as illegal drugs or weapons. Which they found the beer, that had been illegaly obatin by fake ID.
It does not violate your fourth amendment since the traffic stop is warranted and that the alcohol was obatined illegally. Though your fake ID was in the girl's purse, the purse was in the car that was being search and therefor the "probable cause search" also covers the search on that purse.
2007-08-25 16:42:10 · answer #3 · answered by Anonymous · 3⤊ 1⤋
Any vehicle in a public place can be searched without a warrant if the officer has probable cause. They have a car load of under age people who just bought alcohol and used fake IDs to do it. That is probable cause to search the car. No Fourth Amendment violation. It's called the Carroll Doctrine.
Oh, it has nothing to do with the Patriot Act. It stems from a US Supreme Court Case from the 1920's. Carroll v. United States.
2007-08-25 21:18:01 · answer #4 · answered by El Scott 7 · 1⤊ 0⤋
The search was not illegal, since you had beer and were underage (and the fact that your friend lied to them) everything in the car, including yourselves, is now subject to search. Their probable cause for search? The fact that you had beer in the car, were underage, and lied to the cops about the fake ID's, gave them the grounds they needed to search the car. I dont think you stand much of a chance for fighting this, and I would suggest just taking the punishment. You shouldnt have been buying booze anyway.
2007-08-25 18:37:44 · answer #5 · answered by woodchipper890 4 · 1⤊ 0⤋
I think fighting this ticket is a bad idea on your part, especially since you broke the law. Moreover, nobody had their fourth amendment rights violated since the police had probable cause to stop you. Instead of fighting the ticket you ought to thank god you didn't end up in jail.
Moreover, assuming you were stopped on a public road, in a car,there is no reasonable expectation of privacy, so the fourth amendment doesn't apply, the fourth amendment only applies to a situation where a person has a reasonable expectation of privacy.
Lastly, it sounds like many things were happening at once during the stop, that coupled with your fear, can you say with absolute certainty that the girl the purse belonged to didn't give the officer consent to search her purse? If she gave consent then the search is legal.
2007-08-25 16:43:06 · answer #6 · answered by Anonymous · 2⤊ 1⤋
First, they saw you break the law by buying underage. (No, it's not considered entrapment), then after denying anything illegal in the car, your friend admitted he lied. It's reason for probable cause, and since the purse was in the car, they were allowed to search it. And this is all on record, which the court will see. So, if you want to spend the extra time and money fighting it, good luck.
2007-08-25 16:34:59 · answer #7 · answered by Lindsay 2 · 4⤊ 0⤋
As forest gump says " stupid is as stupid does" i remember what it what was like to be a teen and wanting to do things i was not allowed to do. You where smart enough to give your real Id's because if you have given the fake ones you would have been in loads of trouble. You guys did lie though and the cops have every single right to search the car if there is resonsable cause and you gave that to him. buying beer while underage is illegal and you guys knew that. Now you are going to have to pay for it. Do you know how people are killed by drunk drivers?!? I hope you learned your lesson.
2007-08-25 16:44:31 · answer #8 · answered by carriec 7 · 1⤊ 1⤋
Yes, it was allowed. At the time the officer verified that the passengers in that vehicle were underage and in possession of Alcohol along with the fact that one of your friends lied to him, he had reasonable information which led him to believe that another illegal act was taking place. His search of the rest of the vehicle was a legal search at that point.
2007-08-25 16:41:58 · answer #9 · answered by Voice of Liberty 5 · 1⤊ 0⤋
That depends on who your lawyer is.
But odds are the police had probable cause given the fact that alcohol was in the car. Was there an open container? If so the police had probable cause.
Did the police have suspicion that a law was being broken? IF so they had probable cause.
I think you get the picture you won't win.... Take your lumps and quit being stupid.
2007-08-25 21:14:27 · answer #10 · answered by Anonymous · 1⤊ 0⤋