trunk search without effective consent?

Question

i passed 2 parked patrol cars in a residential area and they immediately pulled out and got behind me and pulled me over for allegedly not signalling a turn.when i saw them i was acutely aware of my driving (spd lmt,sgnls,cmplete stop,etc..)and gave no reason for them to stop me,but they did before i was even 2 blocks away.he asked for d.l. and insurance and i told him i lost my d.l. the day before but as soon as the d.p.s. office opened monday i would(and did) get a new liscense.I also gave him all the info on the liscense and showed him some credit cards and other documents for id.He told me to step out of the car and asked me to open the trunk.When i balked at this he said,"I'll put it to you this way,either open it or I'm going to arrest you for no d.l. and open it myself".He then opened it, saw some electrical wire, and started questionig me about it.He said he thought it was stolen and confiscated it He gave me nothing to sign or anything to show he kept the wire?I went to jail

for no d.l. was out in a few hours but not charged .They still have the wire i guess but is that search legal?can they force you to open the trunk without probable cause that a crime took place? I also have and emailed a receipt for the wire

Look people the wire is not the issue!Search incident to Arrest does not allowed entry into a locked trunk unless a warrant specifies exactly what it is they want?right?

Answer 1

Next time make sure you have your license before you drive a car.

Without the licenses you lose the leverage needed to block him from entering the car.

If the wire is important to you, you'll have to get a lawyer. Chances are new wire would be cheaper.

Answer 2

The first person who answered your question may be incorrect. It all depends on the laws of your state. Here in Michigan, when you sign the forms for your drivers license you are actually signing away some of your rights. The police here can search your vehicle if they have stopped you for a traffic violation or on mere suspicion. How can they get away with that? Simple: That form you sign when you apply for a drivers license says you give consent to the search of your vehicle when so ordered by law enforcement personnel.

As for the electrical wire, it sounds a little fishy to me. Again, the laws of your state will determine whether the police officer was required to give you a receipt or other written notice that they were seizing or detaining the property.

Your best bet would be to look in your local Yellow Pages and find a lawyer that gives free initial consultations. They'll be able to tell you whether you have a case.

Answer 3

They are supposed to have your consent but a lot of cops are happy to make something up. And the few honest cops let it happen. Seems like they can get away with more if they open your trunk and find something that may be illegal-hence the statement that he thought you stole the wire. He knew darn well he shouldn't open your trunk. But it's an easier job than being a real cop.

You have a case but have no idea how you could pursue it without an attorney.

Answer 4

You do one thing illegal like drive w/o a DL then you are opening yourself to be seen as someone who has issues with being legal. Why were you driving to put yourself in this place anyway? You were not using all your brains now were you?

Answer 5

If it happened as you wrote then the search was illegal. Get a
lawyer.
If he arrested you prior to opening the trunk, the search was incident to arrest and will stick.

Answer 6

You should talk to a lawyer, but I believe that was an illegal search which is against your constitutional right. I don't think they can threaten you in order to get you to open the trunk .... probable cause is needed.