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llwalsh

Guest
state of illinois

if you are a passenger in a car and the car gets pulled over for speeding and they asked to search the car and they searched me three times and my purse because they suspected drugs in the car but i never gave consent and no form was ever signed by the driver. also one other question if you are pulled over for speeding and you are given the ticket isn't the stop over and shouldn't you be allowed to leave the scene or do they have the right to search just because the suspect drugs in the car. thanks for all information on these matters.
 
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Erik2001

Guest
well...

what they find on you? And it doesn't matter what really happened, it matters what is said on the police report. They can make up a reason then. Why would the driver give consent anyways? If he did give consent then it's not an illegal search. And since your speeding then its not an illegal stop. And no they didn't violate any of your rights, Your friend should have never consented to it. Good luck maybe I am wrong. Just get a good lawyer
 
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BUGG39

Guest
it is illeagle the driver of the car can not give permission to search any one but him!check out the fourth ammendment
 

racer72

Senior Member
Our poster never says if the driver gave permission to search the car but it appears he did. At that time the vehicle and all items in said vehicle, including purses, are subject to search. Our poster could have gotten out of the vehicle with her purse and then it would not have been subject to being searched but the second item below probably would have happened. If the search was denied, one of two things will happen. The first is the officer will wait till a search warrant is granted. This can take up to a couple of hours. The second would be both passengers in the vehicle would be held for suspected possession of drugs and then at that time the officer could search the occupants and vehicle without permission or search warrant.
 
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dabear

Guest
In WA State, the Patrol uses the free to leave method. After citing the driver for the initial stop the officer will state to the driver he/she is free to leave. If the officer has a hunch but no PC (probable cause) that something illegal is in the vehicle he will ask the driver for consent to search the vehicle. A hunch comes from training that officers receive on what to look for. But the driver must know he/she is free to leave. If the driver gives permission, the driver must be in ear shot of the officer to hear his voice. The driver is given the right to refuse the search, limit the scope of the search and stop the search at any time. This search does not include the passenger's items. The officer will ask if the driver is responsible for everything in the vehicle. Of course if the driver is male and the passenger is female of course the purse would belong to the passenger and would not fall under the search. On the other hand, if the officer approaches a vehicle and smells the odor of drugs or visually sees drugs/paraphernalia he will automatically arrest everyone in the vehicle. Then everyone is subject to search. I'm sure Illinois would use the same method. Sorry so long, but search laws are very interesting.
 
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Humble Warrior

Guest
I was once searched in Terre-Haute(spelling?) Ill. I pulled off the high-way (I-70 west) to look at a potentialy bad tire,and a cop pulled up behind me to see what was wrong. My trunk was open,and he saw a case of beer in there(I was taking a case of strictly Pennsylvania beer to a friend in Texas as a gift). He asked if I would mind him searching my car. I had nothing to fear,so I consented. He called a K-9 unit ,and they tore my car apart,took all my luggage out,dumped it on the ground near the high-way,and let Rin-Tin-tin stomp through my clothes. I had my guitar in the car,and they opened the case(Slowwwwwwly) and then decided to let the dog stand on my guitar to sniff it(it cost me $550 to buy it). They threw my snow-board on the rock shoulder bottom down(another $550 purchase).
All said and done. They issued me a citation for "parking on an interstate" and left me to repack my crap.
Everything they did was legal,just wrong.
If you had nothing in your car....what do you care? You let them seach for days,then you leave. Personally,I dont think you told the whole story in this case.You either gave consent,or the cops had PC. The Ill. P.D. didnt respect my property or myself,but they didnt violate my rights.
 
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llwalsh

Guest
reply to humble warrior

i did tell the truth and the whole story in my post. one question i have for you is how could i give consent to search when i did not own the car?? i was not the one driving the car and got pulled over for speeding. and the p.d. did think there was drugs in the car and we were going to deliver them but if they thought that wouldnt they of had a search warrant. we were traveling from tennessee. they had ample opportunity to get one. after issuing the speeding ticket they said they were going to look for any drugs, bombs or weapons we didn't mind did we?? no one answered we were all just told to step out of the car and i took my purse with me and they still searched it and myself 3 times. but no drugs were ever found on me or anybody at the intial scene as a matter of fact the driver and myself were free to go and left. they took the other passenger in for obstructing a peace officer and resisting arrest when they tried to search him a third time and when they got to the station and did a strip search is when they found the drugs. but i have nothing to hide i just wanted some advice as far as my rights. thanks for your time
 

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