question about car searches/warrants

[burnam]

What is the name of your state? alabama
what is the definitive law on car searches by officers? in regards to a simple stop, with no probable cause, and officer asks to search your car. does saying no provide probable cause to search anyway? i've been told that this is true, but the loop hole is rather than saying no outright, to say that "with a warrant or probable cause only" prevents them from having any probable cause to do so. is there any legitimacy to any of this? what is the standard as far as police obtaining legal justification to search a car, shy of the classic smelling smoke, seeing something questionable, etc?

i do not smoke, drink, do drugs, own weapons, or so much as have had a speeding ticket. but because i am in my early twenties, i find myself being pulled over and (in my opinion) harassed quite often. what are my actual rights when faced with this question?

thanks.

-b

 

[justalayman]

what is the definitive law on car searches by officers?

Definitive?? Each case is unique unto itself and because of this, if a search was conducted, a court will ultimately decide if the search without warrant was justified.

in regards to a simple stop, with no probable cause, and officer asks to search your car. does saying no provide probable cause to search anyway?

No

i've been told that this is true,

You have been told wrong but if the officer wants to search your car, he may use this to "trick" you into allowing a search. Some of them like to say "if you have nothing to hide then why not allow a search" or other BS thing. They can intimidate you into allowing a search but if you deny the search, then they cannot search without articulatable cause i.e. a warrantable cause.

but the loop hole is rather than saying no outright, to say that "with a warrant or probable cause only" prevents them from having any probable cause to do so.

Makes no diff. There is no loophole. If a there is a warrantable cause, they can search, if not,as long as you deny the search, they cannot legally search AND they cannot hold you an unreasonable time without cause.

what is the standard as far as police obtaining legal justification to search a car, shy of the classic smelling smoke, seeing something questionable, etc?

Standard?? Again, if there is no cause to search, then they cannot search without permission.

i do not smoke, drink, do drugs, own weapons, or so much as have had a speeding ticket. but because i am in my early twenties, i find myself being pulled over and (in my opinion) harassed quite often. what are my actual rights when faced with this question?

While your rights would be to tell them to kiss your behind, this approach will tend to get you a bit of hassle. If asked if they can search your car, simply tell them no. If they ask why, tell them they have no cause to search. If they continue to detain you without cause, it is time to speak with an attorney about civil rights.

Bottom line is if they believe they have justifiable cause to search, they are going to search your car whether you agree or not. If they have no justifiable cause to search, then they may try to intimidate you into allowing the search. If you allow it, all is acceptable in court. If they search without cause, a judge will have to decide if the search was legit and treat any evidence taken because of the search accordingly.

 

[burnam]

thanks for helping to clear that up!

i'm asking this only after having the back seat of my car taken out on one of these needless searches, which caused damage to the hardware that kept the back seat bolted in. the only reasoning for the search was that i am young, and was out late at night. i would like to prevent this sort of thing from happening again.

thanks again.

-b