LegalMatch Free Legal Advice Forums     
Find A Lawyer Now!
Legal Forum

Go Back   LegalMatch Free Legal Advice Forums > Criminal Law Forum > Criminal Procedure
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury
Real Estate Lawyers Immigration Business Lawyers Other Lawyers
Be assured that LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-04-2008, 09:18 AM
Junior Member
 
Join Date: Sep 2008
Posts: 2
Default Police Authority Questions

I would like to know when getting pulled over by the police or anyone with the authority to stop ppl on the road, with an officers authority:

-to search you vehicle?
-do you have the right to say no
-and what usually happens after that

-what if your glove department is locked and don't want to open it do you have rights not to open it?

-what if you asked to open your trunk and you don't want to, what are your rights towards that, what is the procedure

What are the procedures of these questions.
Thank you
Reply With Quote
  #2 (permalink)  
Old 09-04-2008, 09:55 AM
Senior Member
 
Join Date: Nov 2006
Posts: 1,618
Send a message via AIM to GentleGrace
Default

Quote:
Originally Posted by Earl View Post
I would like to know when getting pulled over by the police or anyone with the authority to stop ppl on the road, with an officers authority:

-to search you vehicle?
-do you have the right to say no
-and what usually happens after that

-what if your glove department is locked and don't want to open it do you have rights not to open it?

-what if you asked to open your trunk and you don't want to, what are your rights towards that, what is the procedure

What are the procedures of these questions.
Thank you

All of these questions fall under a consideration of probable cause and reasonable suspicion. A vehicle does not have the same expectation of privacy and protection that your house or dwelling does. The police can use virtually anything to establish probable cause. A tail light out, driver inattention, failure to use a turn signal, etc. Once you are stopped, something ELSE can be used to build upon the original reason for stopping.
If you are stopped because you failed to use your turn signal, and the police man approaches the door and he sees you bend down and appear to put something under the seat, he then has probable cause to search the vehicle, based on your actions he witnessed. So, that probable cause (reasonable suspicion you are hiding something by bending down under the seat) is stacked upon the original reason for being stopped. Then, after you exit the car, they DO find something illegal under your seat, they then build upon that probable cause to proceed to search the car. They can ask and you can say no, but that is more of a procedural thing ---you cannot actually PREVENT them from searching the vehicle if they feel they can based on reasonable suspicion or probable cause.

The locked gloved box is an issue, the constitutionality of which has been challenged. While the trunk of the vehicle is considered the same as the body of the car, the glove box, in particular, one that is locked has been ruled to be off limits in rare cases.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 10:29 AM.

Find a Lawyer | Attorney Search by City/State | Law Library
Estate Lawyers | DUI-DWI Lawyers | Divorce Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers  
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers 
Personal Injury Lawyers | Child Support Lawyers | Child Visitation Lawyers | Child Custody Lawyers 
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Products Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers

Attorney Advertising | Law Firm Financing
LegalMatch Reviews | LegalMatch Forums | LegalMatch Family Lawyers | LegalMatch PR
LegalMatch in Austin | LegalMatch Life | LegalMatch Affiliate Program


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.