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Topic: anyone ever had a car searced by the police? (Read 4227 times) previous topic - next topic

anyone ever had a car searced by the police?

Reply #30 –
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)
 

anyone ever had a car searced by the police?

Reply #31 –
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.
1987 Thunderbird 3.8. Sold :(

1982 Thunderbird - Goodbye 255, Hello 302!

anyone ever had a car searced by the police?

Reply #32 –
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.

anyone ever had a car searced by the police?

Reply #33 –
Quote from: Slinky;174732
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.
1987 Thunderbird 3.8. Sold :(

1982 Thunderbird - Goodbye 255, Hello 302!