Exp.car registration/Right to search ?

[jimnthebox]

undefinedWhat is the name of your state?california
I was pulled over for exp. reg. tags, cop told me to step out of the car. he then put me into his & began searching mine-- eventually finding .08 grams of methamphetamine in what appeared to be an empty bag. car was towed, then sold as I sat in jail.....Exp. tags--Legal Search ??

[Blue Meanie]

yes......

[calatty]

Yes, since the car was not registered, it could not be driven. Before towing a car, the police can inventory its contents.

[CdwJava]

If the vehicle had been expired for more than 6 months, then it could be towed (after an impound inventory ... aka 'a search'). If less than 6 months it would take a little more to justify a search. Was your license valid?

The fact that you were put in the officer's car indicates to me that either the reg. was expired more than 6 months, or, something else was afoot.

Also, they can legally search parts of the car for registration or other paperwork in areas where such paperwork is likely to be present if you fail to produce said documents.

- Carl

[StickyFingers]

Originally Posted by CdwJava

Also, they can legally search parts of the car for registration or other paperwork in areas where such paperwork is likely to be present if you fail to produce said documents.

And these areas may have produced the

.08 grams of methamphetamine in what appeared to be an empty bag.

Which would give probable cause to search the remaining areas of the car....(if not towed or "impounded" before hand...Then the police have every right to take "inventory")


Carl...If I am wong then please correct me. I like to learn

[CdwJava]

If I am looking for registration, I'm likely to look under the seats, in a center console, glove box, between the seats, the visors, etc. Any of those areas might result in the discovery of drugs.

And, yes, that would result in a search of the rest of the car due to cause AND due to the driver now being arrested and the vehicle being impounded.

- Carl

[StickyFingers]

Originally Posted by CdwJava

If I am looking for registration, I'm likely to look under the seats, in a center console, glove box, between the seats, the visors, etc. Any of those areas might result in the discovery of drugs.

Damn....I read that and my mind went to wondering about what other kind of "wierd" stuff police officers have found in such places.

And, yes, that would result in a search of the rest of the car due to cause AND due to the driver now being arrested and the vehicle being impounded

Thanks for affirming my advice.

[CdwJava]

Originally Posted by StickyFingers

Damn....I read that and my mind went to wondering about what other kind of "wierd" stuff police officers have found in such places.

I could tell you stories ...

- Carl

[jimnthebox]

I had given the officer my valid CA. drivers license and registration papers showing that I had recently paid part of (but not all) of the current year (I still needed proof of ins. and a smog check). Thr old reg. was exp. for 1 month. Stll, he told me to get out of the car, searched me for "weapons" (I was barefoot and in a tee-shirt & shorts). Then searched my car for over a half hour--no bull****-- before arresting me for possesion of what appeared to be an empty small zip-lock bag (said it was .08 grms of meth). I was not cited for reg. violation, Ins. or anything else. I wish I could put my "afoot" up that cops ass ; I no longer have a car--impound yard sold it to recover towing & storage fees while I sat in jail for 44 days before being released on O.R.

[CdwJava]

Originally Posted by jimnthebox

I had given the officer my valid CA. drivers license and registration papers showing that I had recently paid part of (but not all) of the current year (I still needed proof of ins. and a smog check).

Which means that your registration was still expired.

Thr old reg. was exp. for 1 month. Stll, he told me to get out of the car, searched me for "weapons" (I was barefoot and in a tee-shirt & shorts).

Why?

Why did he get you out of the car? Did he ask you for consent to search the car? Was your license expired or suspended? Were you on probation or parole?

If he had no lawful reason to search the car then the evidence can be suppressed.

I was not cited for reg. violation, Ins. or anything else.

You don't have to be.

I wish I could put my "afoot" up that cops ass ; I no longer have a car--impound yard sold it to recover towing & storage fees while I sat in jail for 44 days before being released on O.R.

It's not the officer's fault the registration was expired OR that there was some meth in the car. Maybe that foot should go somewhere else.

- Carl

[Heather2]

Originally Posted by CdwJava

I could tell you stories ...

- Carl

Tell us some Carl.

[CdwJava]

Originally Posted by tyson-bird

Tell us some Carl.

This is only a PG site.

- Carl