Unlawful search and seizier ?

[framer]

he probably left out the fact his "buddy" had a roach in the ashtray or a bowl in his hand, etc when the cop came up, it probably looked like a scene out of a cheech and chong movie

The reason I posted this was because there wasn't any smoke or anything else to justify a search. This was a traffic stop for speeding. The guy was driving an older worktruck and had a beard and long hair which I'd assume was the reason the cop wanting to search his vehicle.

 

[Spartacus]

You forgot to mention one more thing... Shut The Fuck UP. NOTHING you say to a Cop will make a difference for the better... For the worst MAYBE, but not for the better.

in my experience you have about a 50% chance with a cop
I've been "let off" quite a few times by being cool with them

 

[RottenWillow]

The reason I posted this was because there wasn't any smoke or anything else to justify a search. This was a traffic stop for speeding. The guy was driving an older worktruck and had a beard and long hair which I'd assume was the reason the cop wanting to search his vehicle.

long hair and a beard? They profiled his ass. (and they were right too)

 

[Cal_21]

It comes down to probable cause. An officer must have a reasonable belief that a crime has been committed by that person for a warrant to issue for the search. If there is a later determination that no probable cause existed and there is not a good faith exception for the search, the resultant evidence is inadmissable. There are exceptions when a search and seizure is okay without a warrant. Some of the really common ones are when you leave something in plain sight for the cop to see it or when the search is incident to arrest.

A vehicle has a lower protection than a home with regard to search and seizure. A routine traffic stop does not give rise, without other circumstances, to probable cause to search the vehicle. However, cops will act like it does to get your consent to search. If you consent to the search, the search and seizure is lawful. The cases state that if you have a resonable belief that you have the right to not consent that the consent is valid. Your "friend" may ask his lawyer to present the defense that the cop acted as if he did not have the right to refuse consent, but I doubt that it would work in this case.

Now, there is a stop that is called a "Terry stop." The cop does not have to have probable cause, only a reasonable suspicion to briefly stop you and ask you to identify yourself and to pat down the outside of your clothing. If they find something this way, it is admissable and is not unlawful search and seizure.

NOW PEOPLE PLEASE READ THIS! If you are ever in trouble it will give your defense attorney something to work with. When interacting with police:

1. Don't run.
2. Don't argue or resist.
3. Don't EVER touch a police officer.
4. Request a lawyer immediately!
5. Don't make ANY statements beyond your name and address. SHUT UP. 99% of cases that are lost seem to be because defendants can't STFU. If you fail to give your name, you can be arrested for it. However, if your name alone will incriminate you for something much bigger, then consider the STFU method and let your lawyer defend it later.
6. For the love of Pete, don't consent to any searches of your car, your home, your person, NOTHING, unless you have absolutely NOTHING to hide.

Some more things you should know:
1. Once you request a lawyer, the interrogation must stop. However, if you are an idiot and just start initiating conversation with the cops again, it is admissable.

2. Police can and do LIE. They can and will lie to you about what other people told them, what evidence they have, etc. They do this to get you to give up and confess or to start making ridiculous statements or start changing your story. PLEASE SEE STFU section, above...lol.

3. Cops will tell you that if you are a good boy/girl that they will go easy on you. That isn't their job. Don't fall for that. Police have NO AUTHORITY over what crime is charged. The prosecutor does. SEE STFU, above and save any plea bargaining/deals for the prosecutor and your lawyer to hash out. The police are not going to cut you loose and have no authority over what eventual charges the prosecutor will charge.

4. Politely note the names and badge numbers of all officers with whom you deal, but don't act like a belligerent asshole and yell demands for them.


hmmmm...if I think of anything else I will add it.

Your friend f'd up by consenting to the search.

EDIT TO EXPLAIN MIRANDA RIGHTS*****
A cop can ask you your name and address without reading you your miranda rights. However, if you are being detained or are going to be arrested, statements resulting from questioning are inadmissable unless you are read your Miranda rights. However, if no one asks you a damn thing and you blurt out things before you are mirandized, they are admissable. Likewise, if you are Mirandized and still choose to speak, it is admissable. SOOOOO....See STFU above. You have the right under the Fifth Amendment of the Constitution not to incriminate yourself. So, STFU.

Anyone seeing a pattern here? lol.