well i did tonight and it wasnt pleasnt as i did nothing wrong i parked the truck and pulled out some money to count. and then im accused of "shooting up" and have all kinds of drugs in my hand when they arived and i just majicly made this stuff dissapear.?? rite. 5 cop cars one of me. and a f150 shourt cab. to search. surprised i guess when they didnt find anything on me or in the truck. i couldnt belive the they were throwing my way. long story short i was let go with not a charge against me.
so a quick question since i was PARKED and ready to exit my truck when they pulled up does that count as a pull over? or a simple herasment stop on there part?
I've had my vehicle searched as well. It was back in '98, and I was taking my girlfriend home from a babysitting job at 3 in the morning. Low and behold, about a mile out of town I get pulled over, asked what I was doing out that late at night (I was only 17 then), and then the cop proceeded to ask me and my girl out of the car so he could search it for anything illegal. Of course, he didn't find anything wrong, so he let us go with strict instructions that as soon as I dropped her off at her house, to immediately go to my own house.
As for your case, being that you were still in the driver's seat, regardless of being parked and having intent to exit the vehicle, it is still considered a pull over. At least I know that's the way it is here in WI. It may vary from state to state, but I honestly don't think it varies much, if at all.
I can see good and bad from your story. The good is that they probably won't waste there time with you again unless they still believe your a troublemaker. The BAD is that they will continue to do this to everyone in their territory until someone steps up and gets them repremanded.
Unless you are arrested or give permission i believe a search is a violation of your rights.
Haven't you guys heard of reasonable suspesion? It really suck that this happened to you. The cops see money and they think DRUG DEALER or someone that is about to buy drugs. Didn't you know that everyone that counts money inside there car/truck is involved in something that they shouldn't. son here I'm shakking my finger at you! Sucks to here about what the MAN did to you.
i think i've got you all beat. about 6 years ago i was still living in clearwater, fl. i had a night job and didn't get off till about midnight each night. a buddy of mine was the night manager at his family's pizza shop. every night, i'd head down there after work and we'd hit up a bar and have a drink. one night, we decided to do something different. before this story goes on, i should tell you that when he'd close up the shop, he'd have the deposit for the next day (usually a couple thousand dollars).
this particular night, we decided to drive across the state and go to daytona for the weekend. we stopped by the 24hr walmart and picked up some supplies and off we went.
it was a long drive in the middle of the night and there was no one else on the road. the whole ride over went off without a hitch. when we got there, we drove up and down the strip looking for a hotel.
low and behold, i get pulled over.
the cop was a jackass. he took mine and my buddies info and went back to his cruiser. about 10 minutes later another cruiser pulled up. about 20 minutes later, they come up to the truck and ask us to step out. i thought one of us was going to jail or something.
they gave us the whole "what are you guys doing over here this late?" . and we tell them the truth. of course they didn't believe us. so they ask if we have anything on us or in the truck and i tell them no... mike says he's got a pocket knife in his pocket, but it's more of a tool then anything. they search me and find nothing, then they search mike and find the knife. one of the cops went to put the knife on the hood of my truck and i told him not to.
then they found the huge wad of cash. when they asked what is was for, he told them, but of course they didn't believe him. so they want to search the truck.
after the tore apart my truck and didn't find anything, they let us go, and told us to go home... home was 4 hours away.
they got pissy when i told them we were going to get a hotel and some rest first. i told them that it was safer then driving while that tired... besides, there's no law that says i can't be in daytona.
they were dicks, but we didn't do anything wrong and they knew that there was nothing that they could do to us.
That is ! You should know your rights! Your car is private property! You don't have to let them search your car just because they thought you were doing something. Every state is different, but google your states and look up the law. You also have the right to remain silent. It off the cops when they pull you over and you don't say anything but, "I have the right to remain silent." A word of caution though, treat them like a bell end, and they will be twice a douche as you thought they were being. alright, nuff said.
brian
*edit* You can also call 911 and let them know what is going on. That way the cop might be a little more understanding. When he gets to the window, ask for his id and badge number. It is your right.
if you have nothing to hide, don't worry about it. Their just doing their jobs.
Off topic perhaps, but as long as the keys are in the ignition, and you're standing outside, you can get a DWI. Atleast in MN you can. My buddy got one for sleeping in the passenger side of his truck, had he put the keys in the bed, he would've been fine. I've been searched on a few occasions, never got nailed for anything.
1.Stop
2.Reasonable Suspicion
3.Probable Cause
4.Arrest
It's the discretion of the officer to follow these levels to assert how far to take it, for lack of better terms, according to his Code of Conduct.
This is scary and not right. With the push to get drugs off the street and the excused of 9-11 we have gone too far to give up our rights.
I think I would write a formal letter of complaint and demand an apoligy.
But I'm 47 and don't do anything of that nature (anymore).
Maybe for you it best just to forget it.
Recently I read where someone went to a concert in Canada and the car was search 3 times on the trip.
They are not just doing their job.
TED
being how my brother is a cop, and he had a k9 for awhile, i'll tell you what i know here.... the fact that you were parked and counting money, they felt probable cause to talk to you..... in south carolina, if you refuse to let the cop search your vehicle, he can detain you in his until they get the drug dog out to sniff the OUTSIDE of the car.... if there is something inside he will be able to smell it and he'll "hit" it on the outside.... now, they have more probable cause and now have a "warrant" from the dog to do the internal search, but only in the area he hit..... if they find something, they then have the authority to search the entire vehicle, if they find nothing, they have to let you go... just my :2c:
If they ask your permission to search you or your car, refuse. IF they have probable cause, they can search anyway. When they ask and you give permission, you just opened yourself for a witch hunt. It will take more than counting money or being out late to prove probably cause in a courtroom. Be polite. Be apologetic, but refuse a search.
Ok guys, listen. We have this thing called the 4th amendment. Unless a cop smells something or sees something that is illegal or has a warrant, they can not search without you giving them permission. You can say no and they will probably bully you (they can lie legally). Even if you don't have anything to hide, refuse search. There's no reason for them to treat every Tom and Jane under the age of 27 like a criminal.
Here: http://video.google.com/videoplay?docid=-3845190963595588144&q=busted&total=12062&start=0&num=10&so=0&type=search&plindex=1 (http://"http://video.google.com/videoplay?docid=-3845190963595588144&q=busted&total=12062&start=0&num=10&so=0&type=search&plindex=1")
Know your rights.
BTW On Wednesday I'm testifying against a cop in my hometown for an illegal raid of my buddies home. All the others that were there have gotten of with nothing, so will my friends. KNOW YOUR RIGHTS!
If your keys are in your ignition and you are in or around your vehicle they can pull you over. Searching your car can only be done if you agree or they have a warrant. Even if a k9 unit smells something they cant search it without permission or a warrant. They can pull you over for probable cause, suspicion of mischief, or whatever they feel like. I have seen worse things happen. I have never been pulled over for a legit reason, and that is 100% the truth. I have a clean record, but get targeted for dumb reasons, and this sounds like cops from around this area. When you get a written warning for sitting on your tailgate, thats when you should really worry.
well thanks guys for the info. i knew i had nothing wrong that shouldnt have been. so i agreed to the search. i thought they fallowed me into the lot from the highway and were gonna say i was speeding. and my keys werent in the ignition they were on my lap.
one funny thing though. they searched the cab. but never asked me to open or take off the cover over the bed. is that like the trunk law? one officer asked why the cover was bulged up in one spot though and i told him it keeps the rain from puddling on the cover. what if all my "drugs" were in the back they missed it. you know
I just spent 45 minutes watching that video and it was excellent, thanks.
TED
yeah me as well.
yes, like the trunk. without a cover it is in plain view.
Some things to note here he has to have premission or probable cause to search. If you step outside the vehicle lock your door. It doesn't matter if the window is up or down he can not pass the plain of the window without cause or prermission. He is allowed to look inside all he wants from the outside. If he sees something from the outside that is probable cause he needs permission or warrant to enter a locked vehicle. Your locked vehicle becomes the same as your domicile therefor he can not enter. This has been upheld many times by the supreme court. Make sure if you are outside the vehicle you stand in front of police car as most have video cameras and it is your best witness. You can even ask to stand where you can be seen by his camera.
If you have nothing to hide think before you consent. If it's a small town you maybe painting a target on your back by refusing a search. If you continued to be harassed by local PD you can always arrange a polite meeting between the cheif and the officers.
Main thing is don't be a DICK if you respect the badge you should get respect in return.
The reason nowadays for several cars resonding is for the officers personal protection. Yeah you may think excessive force, but that responding officer doesn't know you from bad guy.
BullshiznitIf I smell marijuana, the car is mine......works that way in almost every state.
Almost***not in Kansas. Plus they couldnt find a crime and bust it if it was a murderer and shot them in the face.
The only time I ever had a vehicle searched was when I and a friend were crossing into the USA from Canada at Calais, ME. The US border guard was an absolute bell end.
Canadians are quite used to getting hassled by Canadian border officials while returning to Canada because they're scared to death a Canadian will buy cheap smokes or booze in the USA and take them home. When the CDN dollar is high it gets worse, because it's actually worth it to drive to USA to get some bargains. Going into the USA is usually never a problem. For that reason there is usually a very long lineup at USA-into-Canada crossings. I'd never even heard of anyone having a hard time getting into the USA (and for that reason there was never any line at all at Canada-into-USA crossings).
...until that trip. The border guard asked the usual questions (where are ya from, where ya going, why are you entering USA, how long ya staying), the directed me to pull over by the building. When I did another agent brought us inside while another started searching the car. I told him I wanted to be present at the search, so he brought us back out. They went through EVERYTHING. Suitcases, under seats, in all cubby holes and compartments, even in the air cleaner housing under the hood (was driving my '85 T-Bird). Mirrors under the car, sniffer dogs, the whole enchilada. I don't drink, smoke, or do drugs of any sort, so obviously they found nothing. After about an hour and a half, and with absolutely no explanation as to why we were searched, we were left to repack the suitcases and car and enter the USA. This was several years before 9/11/01, so that wasn't an excuse. Regardless, I haven't been back to the USA since.
The really weird thing is that when we returned to Canada we were expecting the typical Canadian border crossing bullshiznit, but were waved through with not so much as a second glance.
I have been pulled over for stupid reasons though:
Once I was pulled over for having an obstructed rear plate. It was covered in snow. It was snowing out. Everybody's plates were covered in snow (including the cop's, which I pointed out to him).
Another time I was pulled over so the cop could check my horn. Really. I was driving along a very busy road and noticed a motorcycle cop driving in my blind spot. I heard his siren and went to pull over. He must have gotten a little to anxious to get behind me because he almost rear-ended me and dropped his bike. He left it laying on the ground and came up to my window and asked me to try the horn. I did (it worked) and he said "that's all I need" and walked away. I left him there with his bike lying on the ground.
Another time I was driving along a 4-lane highway and saw a cop car parked on the shoulder on the other side. When I went by I saw him U-turn and come after me. I wasn't speeding so I wasn't worried (I actually didn't even think he was coming after me), but sure enough he pulled me over. As I came to a stop I rolled the window down. He walked up and said "Roll your window up". I started to, and he said "Oh, I thought you had tinted windows. Carry on" and returned to his car.
NJ has a no tint law..front windows only i believe? I dunno I wouldn't have a problem with the cops searching my car. They woulnd't find anything illegal so I woulnd't worry. I have been pulled over( in a 07 mustang for a test drive) and they cop was actualyl a pretty cool guy. The dealership saleman forgot to put the tags on teh car lol but he was just checkin to make sure it wasn't stolen. He was in his mid 20s. GOt to talkin about cars adn stuff lol. He let me go and said that I could of got a ticket and the dealership could of too.
Would you have a problem with a cop knocking on your door asking to search your house. You give him permission.He turns all the furniture up side down, pulls all the drawers and dumps everything on the floor. Then says sorry I didn't find anything and walks out leaving you with the mess. Same thing with searching your vehicle with no probable cause.
Thats bull man i would be mad
yep. had to put all my stuff back into the glove box and put other things back to where they riped them from. i made them wait and took my swwet azz time since they wasted like 15 of mine and was sure to put my seat belt on
and for tint in jersey yep no tint alowed on the front windows. most towns just write the ticket and have you pay the fine. I found out the hard way this one town didnt made me bring my car with the tint off. complete waste of the courts time. for a non moving violation.
i found out today that i should have asked for the sargent to come down if i felt so herased and mistreated. and the sgt. could have straightened the mess they made out with out them even searching. i mean they didnt even know if i had arrest warents or unpaid tickets till they ran my licence after they searched and relized i was a nobody . none the less to hell with them it's a learning expeariance and it's over . blah just another story to tell over a few beers
Never been searched... I live in a smaller town that is in a safer part of Ohio so I've been ok. Been pulled over drunk twice and never got so much as ask if I had been drinking, that was enough to scare me so I'll never do that again.
Tint laws in Ohio are the same as they are anywhere else, but down in Florida there was no tint law.
Yes... about 50 times over 3 years. The car was impounded 8 times. I was arrested about 4 times.
I've been a cop in North Carolina for the past 13 years. I can tell you guys that there may be some reasons that you are unaware of that may be getting your vehicles searched. One of the biggest things is going to be the area you are in. Is it a high crime area? Is it known for drug activity and/or prostitution? Even a public place like a Wal Mart or grocery store parking lot can be known for drug deals. I worked undercover narcotics for nearly three years and could not tell you how many people I've busted in a public parking lot. Oh and by the way, all an officer needs to search your vehicle is either probable cause or your consent. A warrant is not needed to search a vehicle UNLESS the vehicle is on private property i.e... your driveway. This is supported by hundreds of U.S. Supreme court decisions. You are not granted ALL the same rights to a vehicle as you do for your dwelling. And yes if a dog "hits" on your vehicle it will be searched WITHOUT a warrant. A dog "hit" is considered equal to probable cause (this applies to a vehicle in a public place not on private property). What is a public place? It is pretty much any street or highway and parking lot. Because a parking lot is owned by a private company or individual does not give it the equivalent to "private property". As far as how I treat people. I let them take the first step on how they want the encounter to go. Which means if you're going to be a dick to me then I'll give it right back. Any more lessons you guys would like to learn?
It IS if you do not have probable cause or consent.
Probable cause... What exactly is that? If you smell something or see something in plain sight I know you can search. What is beyond that? Suspicious behaviour? What makes it suspicious? I believe this is a very gray subject.
If you do not have probable cause you will not get a search warrant. When you apply for a search warrant you must have in writing what your probable cause is for the judicial official to review before he/she signs it. If there is no probable cause, the judicial official will not sign the search warrant. I know I have written and served many search warrants. So you would have no reason that an officer would apply for a search warrant in the situation you describe above.
Probable cause is described as anything that can be articulated that a reasonable man would be able to deduct that more probable than not a crime has been or is getting ready to be committed. Reasonable suspicion is considered lesser than probable cause. It is suspicion that can be articulated that a crime has been or is getting ready to be committed. To give an example of the difference between the two; I observe a vehicle drive through an intersection without stopping for the stop sign ( this is probable cause that I can explain to the court that I observed because there are laws that say you must stop for a duly erected stop sign) now lets say I got behind a different vehicle and observed that the vehicle was weaving in it's lane and is driving 10 MPH in a 35 zone ( I have no probable cause that a crime has been committed because there are no specific laws against weaving within your own lane or for driving under the speed limit, but with my training and experience I can describe to the court that I suspected that the driver was impaired ( this is reasonable suspicion which does not allow me to arrest or charge the person immediately but it does allow me to stop and investigate further)
I've not researched this for certain, but I have been told this about my state:
As a license holder of a vehicle in operation on a public road, you may respectfully refuse a search, but in doing so, you are violating a provision in your license agreement - that if you operate your vehicle on a public road you must allow a search of your vehicle. Again, I have not actually researched this topic, this is what I have heard and it makes some sense if you consider the safety factor.
I would rather allow my car searched (I've got nothing to hide) if in the off chance they may find a someone who is endangering the public by hauling explosives or chemicals that they do not have endorsp00gets for. Perhaps it's only the commercial driver's license that is bound by that.
In North Carolina a commercial motor vehicle (tractor trailer) can not refuse a search if stopped by a DMV enforcement officer. Local law enforcement do not have the same power. A general license holder is however bound to summit to a breathalyzer test when asked to do so. This is called the implied consent law. A driver can refuse to submit to a breath test but will automatically lose their license for 1 year.
Yeah, that's what I must have been thinking about... The breathalyzer, not the search.