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car search- is anything considered "private property"?

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couriouser

Junior Member
What is the name of your state? New Hamshire

I was pulled over for a speeding violation with one other male passenger (by a state trooper). I was issued a ticket and it was found that my license was expired. I am 23, my passenger was 18. The cop said that he would allow my passenger to drive but wanted to search the car to make sure there was no alcohol. I consented. I apparently was having an exceptionally brainless day. The cop immediately went for the backpacks/duffle bags in the car. He did not completely search the entire car. One backpack contained marijuana seeds and a pipe which were NOT in plain view, but in a seperate zipped pocket. Neither of us were asked if the bag belonged to us before it was searched. My passenger was arrested for posession as there were male cologne/shirt/etc. in the bag. While we both did a number of stupid things, my question pertains to the searching of the bags. I have been repeatedly told that officers are not allowed to search "private property" when searching a car. Is this completely incorrect? Neither of us actually ever admitted to ownership of the bag. Thank you for your time!What is the name of your state?
 


BelizeBreeze

Senior Member
You consented to the search of the car.

The search includes anything and anyone in the car.

The seeds and other contraband were in the car.

You had 'possession' of such by them being in the car.

Follow so far?
 

Brewmonkey

Junior Member
When the officer told you he was going to search your vehicle did he also tell you that since it was a warrantless search you had the right to refuse the search?

Apparantly the New Hampshire Supreme Court has “admonished that it is
good policy for police officers to advise persons that they have a right to refuse to
consent to a warrantless search.” State v. Hight, 146 N.H. 746, 751 (2001)

However, when you give permission to search, that includes everything in the vehicle and not just what the officer can see without moving, opening or shifting items.
 

BelizeBreeze

Senior Member
When the officer told you he was going to search your vehicle did he also tell you that since it was a warrantless search you had the right to refuse the search?
Read the post again. The officer did not "SAY" he was going to search, he asked permission, which was granted.
Apparantly the New Hampshire Supreme Court has “admonished that it is
good policy for police officers to advise persons that they have a right to refuse to
consent to a warrantless search.” State v. Hight, 146 N.H. 746, 751 (2001)
And this is completely worthless in the current situation.
However, when you give permission to search, that includes everything in the vehicle and not just what the officer can see without moving, opening or shifting items.
finally a right answer.
 

couriouser

Junior Member
thank you for your responses!

the officer did not mention that I had the right to refuse, however, it is more or less a moot point as i did give consent. i did not plan to fight the charge as even something like that seems an unlikely defense. it did work, however, for a friend of mine in Mass.

next question: i was once summoned to court for a speeding ticket in Louisiana. i vaguely remember pleading guilty under chapter "something" of the law that would make it so that it would not appear on my record. i was told that it was along the lines of a "get out of jail free card" that could be used with any misdemeanor- but only one time in my life, and the judge had to grant permission. is this only a state specific thing? or is this country wide? would this be a way to keep the posession charge off my passenger's record?
 

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