hypothetical police search question

What is the name of your state? California

hypothetical question about search.

A bank robbery has happen and area is on lock down. In the middle of lock down is a mall. Police ask mall to announce that any car that leaves parking lot will be searched. Question, can the driver of the car refuse to let police search the trunk as police do not have a warrant.

sorry, we don't do homework.

stephenk said:

sorry, we don't do homework.

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lol trust me on one thing it's not homework. Police searching for bank robber in los angels and lockdown area and anyone leaving mall getting there car search that is reason why i asked this question.

you had two options: 1. let the search proceed

2. refuse to let them search, have your car held until a warrant arrives, and then the search proceeds.

stephenk said:

you had two options: 1. let the search proceed

2. refuse to let them search, have your car held until a warrant arrives, and then the search proceeds.

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thx that's what i wanted to know.

Yeah right

Ylen... you know I have a problem with you.. and yes... you are always doing some kind of homework...
If anyone thinks I have some kind of prejudice on this guy,,, just look at his posts...


its either a red tag, a fake policeman.. a red light ticket or something else... and you are always trying to get the runaround answer... what is your deal... never mind I would research and expose you but I have better things to do... like wash my dog!

ENASNI said:

Ylen... you know I have a problem with you.. and yes... you are always doing some kind of homework...
If anyone thinks I have some kind of prejudice on this guy,,, just look at his posts...


its either a red tag, a fake policeman.. a red light ticket or something else... and you are always trying to get the runaround answer... what is your deal... never mind I would research and expose you but I have better things to do... like wash my dog!

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i love to know answer to hypothetical questions. No i am not doing any legal homework, as i am not taking any law classes as i own my own transportation company

stephenk said:

you had two options: 1. let the search proceed

2. refuse to let them search, have your car held until a warrant arrives, and then the search proceeds.

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To the best of my knowledge, search warrants are based on probable cause. What probable cause would the police articulate in order to secure a warrant in the case being discussed?

It would seem to me that since the auto in question is located inside the perimeter of a crime scene, that exigent circumstances apply and the police would be acting reasonably by searching the trunk of this motorist's auto without a warrant.

conflix said:

To the best of my knowledge, search warrants are based on probable cause. What probable cause would the police articulate in order to secure a warrant in the case being discussed?

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And THAT is why we don't answer hypothetical questions. Because they give a ray of hope for the poster when none exists.

I can name several situations where probable cause is NOT needed and where evidence incident to a warrantless search IS admissible.

BelizeBreeze said:

And THAT is why we don't answer hypothetical questions. Because they give a ray of hope for the poster when none exists.

I can name several situations where probable cause is NOT needed and where evidence incident to a warrantless search IS admissible.

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you saying this's gray area but there have to been rulling on this before on more then one time. What happens if i have drug in this car and police decide that because i am in the crime search area they do need a warrant and find drugs in my trunk can they then arrest me and charge with possesion of illegal dugs even do they didn't have a warrant to search that trunk in the first place.

Shattuck Square/Peoples Park May 1969. Research the BofA parking lot episode.

Under certain articulable circumstances it CAN be permitted as an exigency.

When I was in so. cal. we once did that ... locked all of the downtown area down and did trunk searches of vehicles leaving the area or going to the freeway. In this case it was a for a killer of a little boy. And the theory was that he could take a hostage. And since the safety of the public outweighed the minimal intrusion of popping the trunk to look and see if someone was inside, it was seen as perfectly lawful.

Whether such a search for a bank robber would be seen as lawful would really depend on what is later found while they are searching for the robbers, and what exigency was articulated to the court. This is not a blanket, "Can" or "Cannot" type of scenario.

- Carl

BelizeBreeze said:

And THAT is why we don't answer hypothetical questions.

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Thanks for the info. Which I guess means you will remain silent on this issue and allow those of US who choose to participate to have their fun?

I can name several situations where probable cause is NOT needed and where evidence incident to a warrantless search IS admissible.

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I am sure a few people here could do the same. Yet how would discussing issues not related to this issue have any relevance or place in this thread?