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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 09-05-2001, 03:56 PM
Strogg
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car search: Does the officer have to give a reason for searching?


If you are pulled over... and the officer asks you to get out of the car so they can search. Do they have to give a reason for searching if the search is without your consent?
  #2  
Old 09-06-2001, 03:16 AM
whipsnake
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the fact that you didn't consent gives them cause to suspect misconduct. how you act in front of them also. something made them aware of you. the way you drve? information incomplete. sorry!
  #3  
Old 09-06-2001, 03:23 PM
Strogg
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My car was recently pulled over for being parked behind a "sunoco" gas station. My friend who was in the passenger seat works there and was checking his schedule. I threw some garbage in a dumpster behind the store. When we left, a cop was sitting there and followed us. He then pulled us over. He then asked why we were behind sunoco, and I told him. He then asked what was burning in my car, and I pulled a cigarette from my ash tray and showed him. He then gathered my license and proof of insurance and proceeded back to his car. He came back and asked if he could search the car. I said "what?.. why?". He then asked my friend and I to step out of the car and he proceeded to search the car, finding a joint in the glove compartment, and some papers. He asked if i had anything else. So i told him where a very small amount of marijuana was. He then gave me a poessession ticket and a paraphernalia ticked for the papers and joint. So now I have court in a few days and i am getting a lawyer. Its kind of retarded that having papers is a WORSE offence than haveing marijuana.
  #4  
Old 09-07-2001, 12:38 AM
whipsnake
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it sounds like he pulled you over for suspicious activity.parked behind a closed business,cop nearby watching you, throw away garbage,but cann't bear to part with that last joint. you took a chance, you lost. deal with it.
  #5  
Old 09-07-2001, 01:14 AM
Strogg
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its wasn't a closed business. It was 9pm on a monday night. Also, that same officer was at sunoco when my friend (who was with me that night) was working last night. He said i gave him permission to search my car, which I DID NOT. Suffice to say, I'm meeting with my lawyer tommorrow.
  #6  
Old 09-09-2001, 11:27 AM
stevie99
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reason to search


if the officer believes that he/she smells marijuana, thats probable cause to search your vehicle.
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