search of vehicle

[bub]

state : Washington

My question is if you have a criminal record does that give the officer the right to search your vehicle, if you were to be pulled over(speeding,,etc) or just hanging around talking to friends? Or do they still require your consent to do so?

[BelizeBreeze]

Originally Posted by bub

My question is if you have a criminal record does that give the officer the right to search your vehicle, if you were to be pulled over or just hanging around talking to friends? Or do they still require your consent to do so?

My question is why can't you follow directions?

[bub]

I was asking it as a general question, is the procedures in this situation that different in each state .

[seniorjudge]

A police officer must follow the Constitution, regardless of who the driver (or passenger) is.

Google

united states constitution fourth amendment

for a look at some information on this very complicated matter.

[CdwJava]

Originally Posted by bub

My question is if you have a criminal record does that give the officer the right to search your vehicle, if you were to be pulled over(speeding,,etc) or just hanging around talking to friends? Or do they still require your consent to do so?

If you are on probation or parole, or if you give your consent, they can generally search you and your vehicle with no real cause.

Would you care to be specific as to what happened?

- Carl

[xylene]

Originally Posted by bub

state : Washington

My question is if you have a criminal record does that give the officer the right to search your vehicle, if you were to be pulled over(speeding,,etc) or just hanging around talking to friends? Or do they still require your consent to do so?

This is not a yes or no question. Having a criminal record may massively change how you interact with the police. How and to what extent depends on: You, the offense, the time past, your local law enforcement.

Terry searches for weapons are permissible, record or no.

If you are loitering that may be a criminal offense.

Consent may not be required in all circumstances.

Are we talking about parole here, cause that is totally different.

[bub]

My record was a marijuana possession. Not else, which I finished like a month or so ago.

A friend and I was leaving a another friend place on our way home. We were at my car and my buddy wanted to drive. I only had like 3 beers and was capable of driving. We were just talking, when a cop put up and ask what going on...we explained... then they ask for licences,etc. They ran a record check, because after waiting awhile they ask me about my record. I said I finished it. Then they cuffed me and search my car then me. My friend only got a brisk(he doesn't have a record). Of course they found nothing because there weren't anything to be found. I quit the stuff awhile ago. They gave me a ticket for not having my front plate on, but I explain I thought it was ok to just leave it on the windshield dash. They bascially said no it has to be in the front, and left. The fine on the ticket is $90.

[BelizeBreeze]

Originally Posted by bub

My record was a marijuana possession. Not else, which I finished like a month or so ago.

A friend and I was leaving a another friend place on our way home. We were at my car and my buddy wanted to drive. I only had like 3 beers and was capable of driving. We were just talking, when a cop put up and ask what going on...we explained... then they ask for licences,etc. They ran a record check, because after waiting awhile they ask me about my record. I said I finished it. Then they cuffed me and search my car then me. My friend only got a brisk(he doesn't have a record). Of course they found nothing because there weren't anything to be found. I quit the stuff awhile ago. They gave me a ticket for not having my front plate on, but I explain I thought it was ok to just leave it on the windshield dash. They bascially said no it has to be in the front, and left. The fine on the ticket is $90.

Listen, either follow the damn directions of this website or leave. You deleted the question asking from what state this incident occurred. ANSWER IT!

[CdwJava]

He apparently edited it to include the state of Washington.

- Carl

[CdwJava]

Originally Posted by bub

We were just talking, when a cop put up and ask what going on...we explained... then they ask for licences,etc.

Obviously something about you and your friend (location, behavior, sobriety) gave the officer sufficient concern to contact you.

He can ask for a license on any contact. You can always refuse.

If you are not on probation and did not give consent, then anything they found in the search could have likely been supressed. In the future, you should also tell them you do not consent to a search of your car. However, they might have had some other good cause to search the car. Without knowing their side of it we cannot say for certain whether it was lawful or not, but I'm leaning toward it being iffy at best.

Yes, you have to mount the plat on the car. Having it on your dash doesn't do much good.

Oh, and if you are driving, try not to have ANYTHING to drink before you do. A person can be impaired at under .08.

- Carl

[bub]

If I had not consent to a search(locked my car and refuse to give the key). Could they arrest me, just because they think I was up to/hiding something?

Well while one of the officer(female) was searching my car, the other officer(male) consantly asking me if had drugs on me or in the car. Which I reply each time no. After the female officer finish searching my car, the male officer searched me. The female officer say said "You better not be lying to me. I hate ****ing liars." also asked me other questions like what I doing here... After they finish the search the male officer said something like... what do you think it look like to us? With you guys standing here talking at this hour(it was like 8-9 pm). I said nothing, so he continue well doesn't it look like you guys were dealing something? I remember thinking to myself "wtf". He then went on telling me that his partner was writing me a ticket for the plate.

I don't know but from that experience, the female officer was such a bitch(am not saying this because she said "You better not be lying to me. I hate ****ing liars.".). Throught out the whole thing she seemed like she had something to prove, acting all macho and rude at times too. It just piss me off that just because I screwed up once they can harass me. In case your wondering, the male officer was calm and friendly through out the whole thing.

[CdwJava]

Originally Posted by bub

If I had not consent to a search(locked my car and refuse to give the key). Could they arrest me, just because they think I was up to/hiding something?

If they did, it would be a bad arrest unless they had something else to go on.

Did you give consent to search? Did they say something similar to, "Mind if we look in the car?" and you did not respond?

also asked me other questions like what I doing here...

That's what cops do ... ask nosey questions.

If you have a problem with their demeanor or procedures, you can certainly contact their supervisors.

- Carl

[jdmba]

Originally Posted by CdwJava

If you are not on probation and did not give consent, then anything they found in the search could have likely been supressed. In the future, you should also tell them you do not consent to a search of your car. However, they might have had some other good cause to search the car. Without knowing their side of it we cannot say for certain whether it was lawful or not, but I'm leaning toward it being iffy at best.

I'm not 100% sure, but I seem to recall once reading a case where a warrantless car search was deemed Constitutional because an expectation of privacy no longer existed if the car was parked (i.e. it wasn't a traffic stop) and the defendant left the car door open.

Can anybody confirm that case (I don't have time to look it up right now)?

I don't know if that's what happened in the OP's case, but it's a possibility.

[CdwJava]

An abandoned car with a door open does give rise to some justification to a search - usually for evidence fo foul play or for evidence of ownership. No specific cases come to mind at the moment.

The police can also justify a search by articulating a search for errant registration or insurance paperwork if they thought they might be present.

- Carl

[BelizeBreeze]

Try People v. Brendlin or People v. Saunders
The absense of the front place is enough to provide a search of the vehicle.