Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-30-2004, 04:57 PM
FredDennis
Guest
 
Posts: n/a
Question

passenger car search


What is the name of your state? illinois, i was in a car with a friend and we were pulled over. i had my seat belt on and i was a passenger. does the police officer have the right to ask for my i.d. and does he have the right to search me? and we are having problems with police officers in my town pulling curb searches with out any reason. who should i notify to report such things. thank you
  #2  
Old 07-30-2004, 05:45 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
He can ask you for ID ... whether he can force you to ID yourself is another question. They can ASK anything - even for permission to search. If they are searching you without cause you can file complaints with the agency, with the District Attorney, maybe with the Attorney General's office - and even contact the ACLU if you think they might be interested.

Personally, if I have an officer that is bending the rules, I'd like to know ... so I would give the department a call.

Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 07-30-2004, 06:56 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,534
"does the police officer have the right to ask for my i.d."
*** Very likely as most states do have a 'must identify' law. And if in your state, a recent Supreme Court ruling said that the Fourth Amendment's right to privacy nor the Fifth Amendment's guarantee against self-incrimination bars states from passing laws requiring citizens to identify themselves.
For more on this ruling, go to: [url]http://www.cnn.com/2004/LAW/06/24/dorf.police.id/[/url]

"and does he have the right to search me?"
*** No one can answer that without knowing EXACTLY why the officer felt a search was permitted, but the officer certainly has the right to ASK permission to search, or to actually do the search without permission in certain circumstances (probable cause, etc.).
For more on this, go to: [url]http://www.nolo.com/lawcenter/ency/article.cfm/objectID/DED24689-ADA8-4785-887A0B4A19A694DE[/url]
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!

Last edited by JETX; 07-30-2004 at 06:58 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:32 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.