California Laws regarding citizens' rights against police?

Question

I have a few questions.

1. If I am walking down a street, and a police officer stops and asks to see an I.D., am I required to show him one?

2. When are police officers allowed to search my car without my consent?

3. When are police officers allowed to enter my house and search it without a warrant or without my consent?

4. When are police officers allowed to pat me down?

5. Do we have the right to videotape police officers?

Remember, this is regarding the state laws of California.

Thanks in advance.

-Garik

Can someone give an example probable cause for searching a car without a consent?

So, we are allowed to tape officers in public, where are we NOT allowed to tape them?

So, police may enter my house without a warrant if they feel that a criminal activity is taking place that needs to be dealt with right away? Or do they need to secure the area and get a warrant even than?

Answer 1

1 No. You may just walk on.
2 When there is probable cause to do so, or if you are being arrested and the car impounded, then they can do an inventory search.
3 When they have probable cause that something criminal is imminent and has to be dealt with right then Once the location is secured, they must stop and wait for a warrant.
4 When they believe that officer safety is involved and that you are up to some possible criminal activity. It is a pat down only, cannot just be done to be done.
5 Yes, you may tape police officers acting in public.

California laws on searches and seizures tend to follow Federal laws.

Answer 2

I am not going to repeat a lot of what was already said, but I will touch on a few things that were missed.

1. Stopping as asking ID is considered a temporary seizure, and is covered by the Fourth Amendment. The officer does need a reason to ask you. However, he only needs to establish a reasonable suspicion to ask. That is a pretty low burden of proof. The easiest way to test this is to ask if you are free to leave. If he says yes, move on.

2. A search warrant is not necessary for a car. The US Supreme Court ruled on this in Carroll v. United States (The Carroll Doctrine). A person has a lesser expectation of privacy in a vehicle, and the standard of proof is less than it would be in a house. If they have enough evidence to even consider a search warrant, they can search without getting one.

3. That was answered, but for your follow up question, if police do enter your house for some type of exigent circumstance, and find something illegal, they can secure everyone, but are required to obtain a warrant at this point.

4. This was decided in Terry v. Ohio, commonly called a "Terry Stop". The pat down can be done with a reasonable suspicion, but is for officer safety only. It is a protective search for weapons. For example, he can check a pocket, but he could not open your wallet.

5. The standard here would depend where the officer is. You could not stand on a sidewalk and tape him thruough a window inside your neighbors house, but if he is in public, the only restriction would be common sense. Any actions by you that would violate any other law, such as standing in the middle of traffic, would not be tolerated.

Answer 3

1. If I am walking down a street, and a police officer stops and asks to see an I.D., am I required to show him one?

Only if you violate a law or are suspect in a crime. If you fail to you are Obstructing.

2. When are police officers allowed to search my car without my consent?

Upon an arrest made on any person from that car, plain view items(drugs/guns), or even inventory.

3. When are police officers allowed to enter my house and search it without a warrant or without my consent?

When officers believe there is a crime being commited and evidence may be destroyed or a person may be killed/ injured. Or, if a fleeing person enters the residence and is watched by the officer entering the residence.

4. When are police officers allowed to pat me down?

Anytime they can articulate that they feel you have a weapon. If you are wearing a tight t-shirt and a speedo I wouldn't worry about it.

5. Do we have the right to videotape police officers?

I'm sorry. I do not know about Cali. In Illinois you can not. It violated evesdropping.

Remember, this is regarding the state laws of California.

Thanks in advance.

-Garik
3 hours ago - 3 days left to answer.
Additional Details
3 hours ago

Can someone give an example probable cause for searching a car without a consent?

If I walk up and see a small empty baggie, a pack of rolling papers, and a 'felony" airfreshner hanging from your mirror I'm in your car. While anyone of these 3 caould be argued against the totality of the circumstances leads a reasonable officer to believe that a crime has occured. Or even easier I walk up and smell weed in the air...

So, we are allowed to tape officers in public, where are we NOT allowed to tape them?

In the bedroom?

So, police may enter my house without a warrant if they feel that a criminal activity is taking place that needs to be dealt with right away? Or do they need to secure the area and get a warrant even than?

A Warrant is neccesary for any entry that does not involve the immediate need to safegaurd life or evidence.

Answer 4

1

Answer 5

2

Answer 6

Citizens Rights With Police

Answer 7

1.I believe if you are not under arrest there is no reason for you to show your I.D or give any information to a Police officer.

2. The only way your vehicle cane be searched without consent is number 1 YOU ARE UNDER ARREST, put someone in harms way, look under the influence of alcohol or narcotics, or have anything illegal in birds eye view (not hidden).

3. Police are never allowed to search your place of residents without a WARRANT or probable cause! This invades YOUR RIGHT ( Fourth Amendment in the Constitution)

4. I believe Police officers have the right to pat you down for their own protection when you are talking to them. (if they feel uncomfortable). If you are a female NO MALE officer is supposed to pat you down, can only search your belongings.

5. YES YOU CAN VIDEO TAPE POLICE OFFICERS. (In Public settings)

Answer 8

1. If I am walking down a street, and a police officer stops and asks to see an I.D., am I required to show him one?

That depends. If it’s a consensual encounter, then you may tell them you don’t want to talk and then keep going. If they are stopping you, and have reasonable cause, they can ID you, and you are required to present the ID. They will not tell you if they have reasonable cause but they will however demand ID. Your resistance will be dealt with accordingly. If you believe you have done no wrong, say so, then go with the program as ordered. If anything is found the evidence will be suppressed in court and you will be free.

2. When are police officers allowed to search my car without my consent?

When they have probable cause to believe there is contraband in the car. Probable cause can be seeing something illegal in plain view, or smelling something they know to be illegal. If I smell marijuana coming from a vehicle, I have every right to pull everyone out and search the vehicle and them. If I see the handle of a gun, or a bag of dope, or a pipe, the same thing applies. A hunch that there is dope or weapons is not sufficient reason to search a car without consent.

3. When are police officers allowed to enter my house and search it without a warrant or without my consent?

This one can be tricky. They can enter under exigent circumstances, such as hearing someone screaming for help, seeing flames, hearing gun shots inside, chasing a wanted person, etc… If they believe someone is destroying evidence they can enter. If they, on good faith, have reason to believe that a wanted felon is inside the home, they can enter by force, without a warrant. These are the biggies and the most common reason homes are entered warrantless.

4. When are police officers allowed to pat me down?

A cop can pat you down when you and they are having an encounter and officer can articulate why they felt it was necessary that they ensured you had no weapons. Reasons such as the area of town you’re in, the lighting, the time of day, the number of you and police, personal knowledge of you and your weapons past. He need not articulate these things to you, but in court if need be. It is for officer safety so do not resist a pat down. I have been resisted twice. The first time it was a guy with a loaded .45 that dropped it and ran. The second guy that pulled away did not get a chance to go that far as I learned from my first lesson. (So did he.)

5. Do we have the right to videotape police officers?

You have every right but cannot, in any way, interfere with or pose a threat to an officer be it real or merely perceived. If officers are doing something, stand back. Hovering behind them or in their face with a bright light is interfering and posing a threat/hazard to them. It will not be tolerated for a second. Light or no light, I want no one within 20-30 feet of me. I have no clue if you’re associated with my suspect and plan on lynching him from me, or if you just want to kick a cop in the back for fun or just want a you-tube video. Stay back. It’s that simple.

Answer 9

1. yes. you are required by law to give an on duty police officer your name, address, and age upon request, at any time.

2. A police officer has the right to search your car if he has permission from you, probable cause, or a search warrant. A search warrant must be signed by a judge, and is written for a specific person. To use a warrant to search your car, an officer would have to suspect you of having something illegal in your car. Then he would have to petition a judge, several days before searching your car, for a warrant to search your particular car. The officer would have to know that he wanted to search your car several days in advance. If you are pulled over, there is almost no way that the officer has a warrant literally with your name on it. If he does have a warrant, he must show it to you before searching the car. Probable Cause is some evidence, that the officer must find before searching the car, that there is something illegal in the car. For cars, probable cause usually means that the officer can clearly see an illegal item from the drivers' side window.
Most of the time an officer needs your permission to search your car. You never need to give him permission, even if he has a warrant or claims he has probable cause. In both cases you may not physically stop him from searching your car, but you are never required to give verbal permission. If you do not give verbal permission, and the officer finds something illegal, you can argue in court that he did not have probable cause to search your car, and have the evidence he found thrown out. But if you say something to the effect of "you may search my car," everything the officer finds is valid evidence because of that. Never give an officer permission to enter your car. If he makes you get out of the car, which he is allowed to do, he still needs permission to search your car, and you should restate that he is not allowed to search your car upon exiting.

3. If they have probable cause, evidence that an illegal substance or activity has occurred in your house, that they found before entering your property. It could be anything from a marijuana plant in the windowsill to a scream and a gunshot to an anonymous phone call.

4. An officer may pat you down whenever he stops you because you committed some sort of infraction. If you get pulled over, an officer can ask you to step out of your car and submit to a pat down. In this case, you must comply. If the officer is not potentially charging you with anything, he may not pat you down.

5. yes. when in a public space, or when in you have been stopped by an officer, there is no expectation of privacy. This means that anything you say to a policeman can and will be tape recorded, and can be videotaped. There is conversely no expectation of privacy for police officers, because they are getting recorded by their own recording devices. So of course you may also video record them, if they stop you to potentially charge you with an infraction. As a bystander, You may video record whatever you want in public.

Answer 10

1. Yes, you do. This was a recent court ruling that it is reasonable for a police officer to ask a citizen for his name and identification.

2. They are allowed to search it if they see, in plane sight, something that gives them probable cause to do so. They can also search it if you are arrested and your car impounded.

3. Same as your car. They are allowed to enter your house if they see something from outside of your house that gives them cause. They can also enter if they have a reasonable suspicion that a crime is being committed, someone is in danger or an undercover agent is in immediate danger.

4. When you are being detained, arrested or give them permission.

5. Absolutely and unfortunately it is one of the only ways that public pressure can force the police to police its own.