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I had rencently gotten pulled over. I was removed from the car and asked if I consented in a search. I said yes and the officer searched the car and found contraband in one of the compartments in my car. By me giving permission to search my car, does this eliminate searching without probable cause? The contraband was not within plain sight. I think I screwed myself when I gave permission.
I also believe there was no probable cause to pull me over. Can this eliminate the whole searching situation? Thanks Last edited by bigtrouble : 09-06-2006 at 03:44 PM. Reason: Misspelled title |
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Going to be hard to argue since you consented to the search. Consult with an attorney in your area to find out if there are any arguments that would invalidate the search. You can post your case for free on this site www.legalmatch.com
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Due to the Supreme Court ruling..I think it was in 2002 or 2003..cannot remember...it dealt with a woman in Texas who sued the police department for violating her constitutional rights when the police officer pulled her over and told her the children needed to be in carseats..She was then taken into custody for refusing to do so. An attorney for the woman sued the city and the city took the case to the higher court. The Court ruled unanimously that no constitutional violation took place. The Court then ruled that a police officer is allowed to pull a vehicle over for any reason..probable cause is not required. Regarding search and seizure....unless the contraband is in a ....locked glove compartment or trunk....requiring the use of a key....anything in a consented search is admissible in court.
An officer can stop you ..just because..you looked nervous...suspicious...changed lanes too often, hollywood stop...you name it and you can be stopped for it. Another thing people do not know...if a police officer comes to your home or business and wants to talk to talk to you...UNLESS and UNTIL you let them in...no search..unless a warrant is provided for a specific area....the police cannot come in. Everyone thinks..that if one has nothing to hide...then ...why not let them in...officers come in and can check anything in ....plain view..and not an ...intrusive search.... best to say..sorry officer I would rather talk through the screen door or say..not right now officer I am sorry but am very busy at the moment or whatever reason you would like to give...but politely saying no keeps the officers from coming in and searching through all they see... |
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Why would you consent if you knew there was contraband in the vehicle? I'm just curious...
And, if you want more information about this type of "stop", look up Terry v. Ohio, 392 U.S. 1 (1968). This was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when a police officer stopped a suspect on the street and searched him without probable cause. Quote:
Last edited by GentleGrace : 11-02-2006 at 02:44 PM. |
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Quote:
Perhaps the writer lives in Alabama, is typically loaded on Dope, and the writer's family portrait has two Bloodhounds and a pick-up truck in it. Does that answer your question? |
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Ma?? Pa?? Is that you?? ( kiddinggggggg.....) |
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