When pulled over what are our rights for searching the car and/or person? - Page 5

[not Steve] Trac · 10-29-2006, 08:43 PM

follow up questions you're going to get.

By the way, law school tip: don't seek to apply generic search & seizure law to a very specific instance (vehicle search & seizure) that is known to have different legal standards. Terry was a personal search, the guy wasn't in a car. There are LOTS of Ct. App. cases and USSC cases on vehicular searches and the standards are different and the threshold lower than a general 4th amendment personal search.

rojodosformula::red · 10-29-2006, 08:44 PM

the car and asked if I would pop the hood.

[not Steve] Trac · 10-29-2006, 08:45 PM

Here's a decent overview.

[not Steve] Trac · 10-29-2006, 08:45 PM

You're just afraid of the cops finding your glass ****** in the glovebox.

ImAwesome · 10-29-2006, 08:45 PM

i'd break out the thesaurus but meh

If a person is acting as if they are in panic... that right there is suspicious.

if you keep asking "can i leave" they will simply ask you if you have somewhere to be. As long as you provide a reasonable answer you probably aren't going to get into to much ****. But for a person that hounds them with those 2 questions, the cop is going to tipped off to
a) they are a lawyer
b)they are trying to hide something
c) they read something from a text book and don't know **** about the rest of the law.

And yes it can add to the factors leading to suspscion if the person being asked the question is refusing to answer and continues to ask "can i go"

Cameron · 10-29-2006, 08:48 PM

... post-Caballes, it's unclear what privacy (if any) other than separate locked containers exists in a vehicle.

Cameron · 10-29-2006, 08:49 PM

... and defines your legal rights more than any other question in any potential seizure/detention scenario.

Cameron · 10-29-2006, 08:50 PM

... whether you're in or out of the car.

If you are in a Terry stop scenario, that's one thing.

But the moment you're beyond the scope or duration (and some jurisdictions put more weight in one than the other), and not free to leave, the seizure has occurred and you're arrested for Miranda purposes.

10-29-2006, 08:44 PM	#42
rojodosformula::red Senior Member Garage is empty, add now Join Date: Mar 2004 Posts: 5,878	I see. I got pulled over for no front plate and the officer immediately asked if I had modified... the car and asked if I would pop the hood. __________________ ----------------------------------------- Formula red NSX-T Tein Mono flex coilovers NSX-R chassis bars Dali SS exhaust Dali ram air/ Uni filter/ SS shifter/ Leather Sparco Milanos Volk GT-P wheels CF NSX-R spoiler Viva la please use the classifieds! Riebes Auto Parts in Loomis, CA can suck it. Thanks for the help bitches.

10-29-2006, 08:45 PM	#43
[not Steve] Trac AudiWorld Super User Garage is empty, add now Join Date: Nov 2000 Posts: 20,179	Terry isn't a vehicular search case, it's general stop and frisk. Here's a decent overview. __________________ 13093 81851 67241 99156 19361 16431 108985 63493 95375 25190 18302 77158 42239 78580 84073 115358 25537 40423

10-29-2006, 08:45 PM	#44
[not Steve] Trac AudiWorld Super User Garage is empty, add now Join Date: Nov 2000 Posts: 20,179	Bullsh!t You're just afraid of the cops finding your glass ****** in the glovebox. __________________ 13093 81851 67241 99156 19361 16431 108985 63493 95375 25190 18302 77158 42239 78580 84073 115358 25537 40423

10-29-2006, 08:45 PM	#45
ImAwesome Senior Member Garage is empty, add now Join Date: Mar 2006 Posts: 8,986	what.. wait.. yes it is.. i'd break out the thesaurus but meh If a person is acting as if they are in panic... that right there is suspicious. if you keep asking "can i leave" they will simply ask you if you have somewhere to be. As long as you provide a reasonable answer you probably aren't going to get into to much **. But for a person that hounds them with those 2 questions, the cop is going to tipped off to a) they are a lawyer b)they are trying to hide something c) they read something from a text book and don't know ** about the rest of the law. And yes it can add to the factors leading to suspscion if the person being asked the question is refusing to answer and continues to ask "can i go" __________________

10-29-2006, 08:48 PM	#46
Cameron AudiWorld Uber User Garage is empty, add now Join Date: Mar 2000 Posts: 54,884	Good tip... ... post-Caballes, it's unclear what privacy (if any) other than separate locked containers exists in a vehicle. __________________

Welcome to AudiWorld!
		Welcome to AudiWorld.com. You are currently viewing our forum as a guest, which gives you limited access to view most discussions and access our other features. By joining our community, at no cost, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is free, fast and simple, join AudiWorld.com today!

10-29-2006, 08:49 PM	#47
Cameron AudiWorld Uber User Garage is empty, add now Join Date: Mar 2000 Posts: 54,884	Asking if you're free to leave is important... ... and defines your legal rights more than any other question in any potential seizure/detention scenario. __________________

10-29-2006, 08:50 PM	#48
Cameron AudiWorld Uber User Garage is empty, add now Join Date: Mar 2000 Posts: 54,884	Issue is when a SEIZURE occurs... ... whether you're in or out of the car. If you are in a Terry stop scenario, that's one thing. But the moment you're beyond the scope or duration (and some jurisdictions put more weight in one than the other), and not free to leave, the seizure has occurred and you're arrested for Miranda purposes. __________________

Thread Tools	Search this Thread
Show Printable Version Email this Page	Search this Thread: Advanced Search
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

10-29-2006, 08:50 PM
AudiWorld Audi R8 Paid Advertisement