lonestar
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"Probable Cause" and your rights
More cop stories from Collegehumor.com
from a law student.
If you're in a car that gets stopped, the police have to have "probable cause" that a crime (possession, DUI, etc) is being or has been committed in order to legally search the car. While probable cause is not easily defined (purposefully), use your common sense. If the bag of pot is sitting on the back seat within plain view of the officer, he will have probable cause to search the entire car. Weaving incontrollably through many lanes of traffic will also establish probable cause that you're drunk as hell, and the cop will be legally entitled to stop your car, conduct a breathalyzer, and search for the booze.
However, for most cases involving you and your car, the reason why you will be stopped will most likely be for speeding. Speeding, in and of itself, does not give rise to probable cause. In other words, the fact that you were speeding, by itself, does not allow the cops to search your car. So remember that a cop can legally search your car if either (1) there is probable cause of a crime or, if there isn't, (2) he asks for your permission. Politely. If a cop asks to search your car, merely respond by saying "Are you asking me (to search) or are you telling me (you will search)?" This will alert him to the fact that you're savvy as to your rights and he'll probably let you go. He can't legally force you to submit to a search without probable cause.
If you're on foot, cops have the absolute power to stop you and ask for your ID. If they have a reasonable suspicion that you're up to no good, they can legally frisk you with or without your consent. This is done for two reasons: to protect the officer (in case you've got a weapon) and to find contraband (drugs, bottle of malt liquor, etc). If they find something, you're toast and there's nothing you can do about it. However, if no reasonable suspicion exists (you aren't stumbling home at 5am, reeking of booze and reefer, etc...), then they can't legally search you without your permission.
I once had a cop approach me in the parking lot of a liquor store. I had gone inside for a bottle of voddie, not knowing that the cop had been waiting in the parking lot for unsuspecting kids. Apparently, this liquor store was known in the area for providing booze to minors and he was looking to bust some punks or whatnot. So I walk out the door with my brown bag o'booze and, looking rather young, I was stopped by this porker. He asked me what was in the bag. I told him it was none of his business. He told me to give it to him. I again said no and asked him if he had any sort of reasonable suspicion that I was acting illegally. Those buzzwords scared him enough that he went back to his car and left me alone. Of course, the moron could have avoided the entire mess by asking to see my ID. So always have it with you. That's it.
More cop stories from Collegehumor.com
from a law student.
If you're in a car that gets stopped, the police have to have "probable cause" that a crime (possession, DUI, etc) is being or has been committed in order to legally search the car. While probable cause is not easily defined (purposefully), use your common sense. If the bag of pot is sitting on the back seat within plain view of the officer, he will have probable cause to search the entire car. Weaving incontrollably through many lanes of traffic will also establish probable cause that you're drunk as hell, and the cop will be legally entitled to stop your car, conduct a breathalyzer, and search for the booze.
However, for most cases involving you and your car, the reason why you will be stopped will most likely be for speeding. Speeding, in and of itself, does not give rise to probable cause. In other words, the fact that you were speeding, by itself, does not allow the cops to search your car. So remember that a cop can legally search your car if either (1) there is probable cause of a crime or, if there isn't, (2) he asks for your permission. Politely. If a cop asks to search your car, merely respond by saying "Are you asking me (to search) or are you telling me (you will search)?" This will alert him to the fact that you're savvy as to your rights and he'll probably let you go. He can't legally force you to submit to a search without probable cause.
If you're on foot, cops have the absolute power to stop you and ask for your ID. If they have a reasonable suspicion that you're up to no good, they can legally frisk you with or without your consent. This is done for two reasons: to protect the officer (in case you've got a weapon) and to find contraband (drugs, bottle of malt liquor, etc). If they find something, you're toast and there's nothing you can do about it. However, if no reasonable suspicion exists (you aren't stumbling home at 5am, reeking of booze and reefer, etc...), then they can't legally search you without your permission.
I once had a cop approach me in the parking lot of a liquor store. I had gone inside for a bottle of voddie, not knowing that the cop had been waiting in the parking lot for unsuspecting kids. Apparently, this liquor store was known in the area for providing booze to minors and he was looking to bust some punks or whatnot. So I walk out the door with my brown bag o'booze and, looking rather young, I was stopped by this porker. He asked me what was in the bag. I told him it was none of his business. He told me to give it to him. I again said no and asked him if he had any sort of reasonable suspicion that I was acting illegally. Those buzzwords scared him enough that he went back to his car and left me alone. Of course, the moron could have avoided the entire mess by asking to see my ID. So always have it with you. That's it.
