searching your vehicle when stopped by cops?

Question

Can they do that legally. Lets say if I am driving home at 2 AM and can a highway patrol pull me
over at random? Does he have the right to search
my vehicle for open containers,drugs or firearms?
Is it true they do not need a reason to pull you over
especially at 2AM?

Answer 1

You can be pulled over at any time for any reason or for none at all.
Your vehicle can only be searched if you give consent, if they have a warrant, or if they have probable cause.
Do not EVER give your consent for a vehicle search.

Answer 2

2

Answer 3

I observed the comparable episode of law enforcement officers. Why do stupid human beings say "ok, you are able to seek my motor vehicle" and then they have cocaine and marijuana interior the vehicle? as quickly as an officer stops a motor vehicle there are in common terms 3 important exceptions to the requirement for a warrant. the 1st, and maximum difficulty-unfastened, is consent. 2d, the officer could seek a motor vehicle and not employing a warrant if there is probably reason AND exigent circumstances. frequently, the officer will use the actual indisputable fact that a motor vehicle is a movable merchandise as exigent circumstances. that may not carry water each and every of the time simply by fact the officer can detain the suspect whilst yet another officer gets a warrant. rather despite if that's throughout organization hours whilst numerous judges could desire to be attainable to study the probably reason. do no longer overlook, a warrant is merely a judicial sanction of the probably reason that the officer comments from the scene. probably reason remains required for the seek. The 1/3 exception prevalent is what's prevalent as a catalogue seek. If the officer needs to tow the motor vehicle for any reason, they could desire to inventory the motor vehicle's contents to preserve against any declare of stolen merchandise later. to that end, officers in many circumstances will look for an excuse to tow a motor vehicle simply by fact they're then allowed to seek it.

Answer 4

They need to have articuable probable cause.
Which nowadays, due to the "war on drugs" ( http://leap.cc ) exceptions to the 4th amendment that the courts have upheld, isn't much. The driver was nervous, they were driving in a high-drug activity area, the rear of the car appeared to be sitting lower than normal, it appeared that the driver threw something out the window, it looked like the driver was trying to conceal something in the vehicle, etc., etc. ad nauseum.
There are a few issues involved and it depends on "the totality of the circumstances".

Basically the attitude taken by most LEO's is, as they are taught, that they can request (coerce) anything in any manner ("it's our policy to search every vehicle we stop [here], [at this hour], [period, etc.], that's ok with you, right?") and as long as the citizen agrees, it's ok and not a constitutional violation even though generally they shouldn't even be asking as they have don't really have clear right to in most cases.

All that is necessary to pull you over is probable cause that a traffic violation has occured, which could be your tag lights were out even if they are working perfectly. And yes this does happen.

http://public.findlaw.com/traffic-ticket-violation-law/traffic-stop-searches/

Just because "you have nothing to hide" doesn't mean they have the right to waste your time and violate your rights to privacy and freedom from government interference with a pointless search.

Answer 5

There is a very small town in my home area that employees like less than 10 officers. Basically, anyone driving the main streets are pulled over after midnight til about 6 or 7 in the morning. I dont know how legal it is but I always avoided that area. They have quota crap and will write tickets for invented reasons during these late night stops. And really, is the judge gonna believe you werent doing a thing wrong?

Answer 6

At random? They shouldn't, but you know there will be some that go out of the bounds. However, if you were weaving or breaking erratically or whatever where they suspect some type of impairment they can search legally without a warrant since a car is a movable piece of evidence and warrants take time.

Answer 7

Surely, when you are on the road at 2:00Am, you're going to be scrutinized harder. Think about it LOGICALLY....do you really think that the MAJORITY of people who are out after 2:00AM are doing volunteer work? This isn't to say that you're not allowed to go out at these times, but many of the folks on the roads at those times are "up to no good." I HATE to stereotype, because I stay out late on my days off, just because I get bored at home and can't sleep...but facts are facts..and this means that most people who are out that late are up to no good. Lastly, yes, we can search your vehicle on 1 of a few occasions....1) you give consent VOLUNTARILY or 2) we have probable cause...which could mean we see a roach(marijuana cigarette) in the car, we see a little "shake weed," we SMELL narcotics, a K-9 alerts to the vehicle, we see ANY type of contraband 3) we arrest you (called a search incident to arrest) 4) we have your vehicle towed for some reason and do an inventory search (according to your departmental policy) 5) abandonment of your vehicle (we try to make contact with you while in your vehicle and you flee the scene, leaving your vehicle behind, constitutes "abandonment")
Hope this helps

Answer 8

They have the right to search any area of the vehicle that is under your direct control as the driver, such as but not limited to, the glove box, under the seat, the center console; basically anywhere you can reach from the driver's seat. This is for their protection to make sure you don't have a weapon within your control.

For instance, the trunk is off limits without a warrant or impounding the vehicle and inventorying it.

Answer 9

If you are arrested the officer can search your vehicle incident to arrest other than that he needs permission or a search warrant.

Answer 10

OK NOW CHILDREN HERE IT IS AGAIN.

SEARCH AND SEIZURE.(4TH AMENDMENT )

WARANTLESS SEARCH AND SEIZURES OF VEHICLES AND EFFECTS.

CALIFORNIA V CARNEY--( 1985) PERMITS SEARCHES OF A VEHICLE ON PROBABLE CAUSE.

NEW YORK V BELTON-- ( 1981) ALLOWS FOR BROAD SEARCH OF A VEHICLE INCIDENT TO ARREST OF AN OCCUPANT.

COLORADO V BERTINE--( 1987) AUTHORIZES A WARANTLESS INVENTORY OF LAWFULLY SEIZED VEHICLES.

FINALLY:
CALIFORNIA V ACEVEDO (1991) EXPLORES THE WHY THIS IS SO RULE AND EXPLORES FURTHER THE RULE OF WHAT ARE CONSIDERED PERSONAL EFFECTS WHEN FOUND INSIDE A VEHICLE.