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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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Old 10-21-2004, 06:52 PM
EDOGZ818
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Warrentless Car Search /locked Box In Trunk?


What is the name of your state? NY
POLICE ALLEGE THE DRIVER FAILED TO SIGNAL LEFT TURN.DRIVER DIDN'T HAVE LICENSE. POLICE SAY THEY SMELLED MARIJUANA. POLICE SAY THEY SAW MARIJUANA FLAKES ON REAR SEAT PASSENGER'S SHIRT. ALL THREE OF US ARE SEARCHED. POLICE FIND WEED ON REAR SEAT PASSENGER.POLICE PLACE ALL THREE OF US BACK IN VEHICLE. @ AT THIS POINT I HAVEN'T BEEN CHARGED WITH ANYTHING, THE POLICE DIDN'T FIND ANYTHING ON MY PERSON. THEY DON'T HAVE PERMISION TO SEARCH. I HAD A VALID LICENSE, THE CAR HAD VALID REGISTRATION , INSURANCE AND INSPECTION WITH NO PHYSICAL DEFECTS.I KNOW WE WERE BEING DETAINED BUT" DID WE LOSE OUR RIGHT TO PRIVACY?" DO WE HAVE STANDING TO CHALLENGE THE SEARCH IF WE AREN'T THE REGISTERED OWNER? WE CAN'T PROVE THEY'RE LYING ABOUT PROBABLE CAUSE BUT WAS IT LEGAL TO OPEN THE TRUNK AND BREAK OPEN LOCKED TOOL BOX INSTEAD OF GETTING THE WARRANT? THEY COULD HAVE IMPONDED THE CAR AND GOTTEN A WARRANT. WE WERE SECURED BY THE POLICE BEFORE THE TRUNK WAS SEARCHED & LOCKED BOX WAS BROKEN INTO AND SEARCHED? PLEASE SITE CASELAW IF YOU CAN, IF NOT JUST GIVE YOUR OPINIONS IF YOU HAVE HAD SIMILAR EXPERIANCES. LAW ENFORCEMENT OPINIONS AND LAWYERS ESPECIALLY.
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Old 10-21-2004, 07:03 PM
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Old 10-21-2004, 08:42 PM
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The police can cuff and stuff you in the cop car for their safety while they search a car especially if there is more people than police. I think the search was legal it seems auto property isn't protected from Search & Seizures the way real estate is. But that's just to "Joe Smo's" observation.
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Old 10-21-2004, 09:59 PM
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Was the owner of the vehicle in the vehicle at the time of the stop? If no, then you have no standing to object to a search of any part of the car.

If the vehicle was going to be impounded, the police have the right to do an inventory search just in case the owner later claims something of value was taken out of the car.
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