Can cop search my car when told NO?

[unicorn17731]

What is the name of your state?What is the name of your state? Calif.
Can a cop search my vehicle if he asked for permission to search and was told NO? When I was pulled over the cop asked for license, registration, insurance and I gave him these and asked why he stopped me. He said because of tinted windows. He asked if I had ever been arrested before and I asked him what did tinted windows have to do with whether or not I had been arrested before. He told me to get out of the vehicle and asked if he could search ME for weapons. I told him yes. He asked if I had any warrants and I told him No. He placed me in the back of his car and said he was going to run a warrant check and if there were none then he would give me a ticket for tinted windows and let me go. Warrant check came back negative and he asked if he had permission to search my vehicle and I told him NO-he did not have permission to search my vehicle. He searched anyway & found $1300.cash in center console. He asked why I had that much cash and I told him that it was my mortgage payment and the payment slip was there also. He asked again for permission to search and again I said No. This time he found 1/2 oz. of meth. & I was arrested for possesion for sale and for transporting. I was arrested 15 mo. ago for the same charges and the DA keeps continuing that case. Can the cop pull up cases that are pending or in progress from their cars and use that info & search my car when they are not given permission when they ask for it?

[CdwJava]

Originally Posted by unicorn17731

Can a cop search my vehicle if he asked for permission to search and was told NO?

Under most circumstances my answer would be, "No."

He asked if I had ever been arrested before and I asked him what did tinted windows have to do with whether or not I had been arrested before.

A simple, "yes," or, "No" would have been the wise response. It sounds to me like you may have "copped an attitude" with the officer. At that point little light bulbs probably went off in his mind signaling that you might be hostile thus giving him cause to take some further steps to ensure his own safety.

He told me to get out of the vehicle and asked if he could search ME for weapons. I told him yes.

Good. That's one way to help diffuse the situation - cooperation.

Warrant check came back negative and he asked if he had permission to search my vehicle and I told him NO-he did not have permission to search my vehicle. He searched anyway & found $1300.cash in center console.

Did he tell you WHY he searched the car? Did you have all the required documents? Insurance, license, registration? Are you on probation or parole? Is the car legally registered? Is your license status valid?

He asked again for permission to search and again I said No. This time he found 1/2 oz. of meth. & I was arrested for possesion for sale and for transporting. I was arrested 15 mo. ago for the same charges and the DA keeps continuing that case.

Not a good idea to have copped that original attitude.

The delays may be because the DA knows the search was iffy at best. What does your attorney say about the search? And, what does the officer say in his report to justify his search?

Can the cop pull up cases that are pending or in progress from their cars and use that info & search my car when they are not given permission when they ask for it?

In some jurisdictions they CAN get that information on the vehicle computer ... then there is always the radio. But current cases don't give him cause to search without a warrant unless you are on probation or parole, have search stipulations attached to your bail status, the car is being towed, or he has some other exception to the warrant requirement.

If he saw some drug paraphernalia then he may have had some exigency to search the car. And if he was towing it for ANY reason, he had the right to search the car as an inventory prior to impound.

- Carl

[rmet4nzkx]

Very unusual to carry that sort of cash to make a mortgage payment, most people send a check, unless that was a cover so you could justify your drug money.

While there may have been no warrants, they could have access to the ongoing case informaiton including the information you admitted last year in these posts from June 2004

Originally Posted by unicorn17731

06-16-2004 05:51 AM
unicorn17731 It all comes down to the judge and what mood he is in when you go before him. I got a 3 yr. joint suspension and had to do a year in residential and 3 years formal probation with testing.I was arrested 2 times for abscounding and reinstated & had less than 30 days to go until I thought I would be off of probation and was arrested again for abscounding and along with another person I was charged with posession with intent to sale because they found 7 grams in his vehicle. Neither one of us were taken to court for these charges but was transferred to LA county for the abscounding warrant and the judge extended my probation 8 months. I screwed up and had 3 dirty tests and the same judge gave me 365 days county time and when I got out I would be through with probation. I did 15 days in custody & 8 months house arrest and it is over. My origional charge was posession for sale of Meth. Sentence was 3 yr. joint suspension, 3 yr. formal probation & 1 year residential. It was 4 years 3 months from my origional sentence date to the day I got off of house arrest. There were other minor screw ups too but because the judge was in a good mood that day I am a free person now instead of starting a 3 yr prison sentence in 9/03 like the DA was recommendin. Anything is possible Stevie so don't stress yourself out. Que Sera, Que Sera

06-18-2004 04:13 PM
unicorn17731 I don't really care if you believe it or not but I went through it. And Karma is a bitch so before you go calling someone a rat you should know a little bit more about that person than what you assume you know by reading a paragraph that was written in response to another persons dilema. It also helps when you have a good attorney and not a PD and the origional arrest was a first offense.It didn't have anything to do with turning to religion either.

What does your attorney say about this recent charge?????????

Originally Posted by rmet4nzkx

Very unusual to carry that sort of cash to make a mortgage payment, most people send a check, unless that was a cover so you could justify your drug money.

While there may have been no warrants, they could have access to the ongoing case informaiton including the information you admitted last year in these posts from June 2004

What does your attorney say about this recent charge?????????

This is why I love you!

[Burt Gummer]

Meth is bad, m'kay.

On a lighter note, anybody catch "Intervention" on A&E?

Thank God my only addiction is to hot beautiful women.

[rmet4nzkx]

Originally Posted by Obnoxious1

This is why I love you!

What can I say? Thank You!