Stop & search question

[Dr. JK]

Quick question(s):

#1
If stopped for a traffic violation, under what RPG's are the cops allowed to search you (assuming everything is OK with the car/liscence/nothing in plain view to attract attention & no consent)?

#2
Are both the driver & passenger searched as part of the search?

#3
Under what conditions is the trunk searched without a signed search warrent, providing there was no consent to trunk search??

I don't have the book with me and need the answers
Thanks in advance

 

[liftshard]

Is this under Canadian or US Law?

 

[manny78]

Quick question(s):

#1
If stopped for a traffic violation, under what RPG's are the cops allowed to search you (assuming everything is OK with the car/liscence/nothing in plain view to attract attention & no consent)?

#2
Are both the driver & passenger searched as part of the search?

#3
Under what conditions is the trunk searched without a signed search warrent, providing there was no consent to trunk search??

I don't have the book with me and need the answers
Thanks in advance

I've never worked on patrol/uniformed but I'll try my best:

1- Well if there's nothing in plain view, the only reasonable cause to search your car would be a riot/terrorist act/major criminal act near (bank robbery...). Otherwise, they shouldn't.

2- If one of the reasons mentionned in 1 happens, then yes. But otherwise no.

3- Same as one, or if a crime was found during a routine control (license check done and cop realized the driver is a fugitive or drug smuggler). If they do that, they have a reason, if they have a reason, they will get you. It's just a matter of time.

 

[Syphonfilter]

If this is for the US....let me see, I've been outta LE for a bit over a year now, so for number 1 -- the only way they can "search" you is if you are under arrest. If you've made furtive movements, keep shifting in your vehicle, or appear to be hiding something, they can get you out and "frisk" you which is a check of the outer layers of clothing. So many cops, and I was guilty of this until I learned correctly, will reach into your pockets during a frisk and they can't do this without asking for your consent. Other than that, if you haven't done anything other than a minor traffic violation, and everything is A Ok, then they can't "search" you.

For #2, if the passenger was doing something furtive as well then he would then be opened up for a "frisk".

For #3, to search your trunk without a warrant and consent? Consider exigent circumstances....your vehicle matches the description of kidnapping suspect and someone heard knocking......and if you have been placed under arrest and the vehicle is INVENTORIED.

Bear in mind, and I hate to say this as I will always be a cop at heart, that there are police out there who can and will do things that are pretty shitty. If the patrol cars are equipped with video cameras the chances for illegal behavior narrows considerably, if not, you're almost at their mercy. Also remember, if you're stopped for an arrestable traffic offense and placed under arrest, they can use that to "search" (actually inventory you and your vehicle incident to that arrest).

Just my 2 cc's as to how it was on the street

 

[Dr. JK]

Thanks for the replies guys.

Syph,
You make some good points, but I have some quick questions:

1-When they frisk you are they allowed to go into your pockets? If not then what do you say to the cops? (You are violtaing my charter of rights--Canadian term)

2-If the passenger is not doign anything at all, will they frisk/search the passenger, providing they find nothing on the driver?

3-If they don't find anything for an arrest, can they search the trunk for no reason?

I apprecioate your feedback and insight into some of the "tricks" of the trade.

Peace

 

[manny78]

Thanks for the replies guys.

Syph,
You make some good points, but I have some quick questions:

1-When they frisk you are they allowed to go into your pockets? If not then what do you say to the cops? (You are violtaing my charter of rights--Canadian term)

2-If the passenger is not doign anything at all, will they frisk/search the passenger, providing they find nothing on the driver?

3-If they don't find anything for an arrest, can they search the trunk for no reason?

I apprecioate your feedback and insight into some of the "tricks" of the trade.

Peace

Article 8 of the Canadian charter of rights and freedoms protects you against unreasonable search and seizure BUT article 1 mentions that this right can be limited if it's "justified in a free and democratic society". Courts have allowed such searches and seizures for a while, but it's always a "case by case" thing. What's legal for one could illegal for another one according to the circumstances.

 

[Dr. JK]

manny,
So based on that information how would you answer my questions in the 2nd post , regarding frisking, passenger and trunk??

Thanks