Automobile Search

[n_and]

I disagree that the search was illegal. The probable cause seems to be that there was 1 car in a parking lot, kids (most likely underage) nearby drinking, who chose to run rather than stay and talk to the officer. They were obviously doing something wrong, hence they ran.

Sounds like a perfectly legal reason to search a vehicle.

But that's just my opinion.

 

[stephenk]

did any of the friends say they had arrived in the car or gave permission to the police to search the car?

 

[calatty]

Legal under what exception to the warrant requirement? There is no exception for kids behaving badly near a car. The police have to have probable cause to believe something illegal is in the car, not that people are doing something illegal near the car. In US v. Ross, the main US Supreme Court case, police received a tip that the driver of a car was selling drugs out of the trunk of his car. That's probable cause to search the car without a warrant.

 

[jigaboo]

I agree completely with reeBrelliM. This forum should be used for exactly that purpose if you don't know the answer just keep your mouth shut. Often times these are people that are hysterically looking for answers. Only people who can answer that particular question should answer.

 

[dequeendistress]

you could simply remain silent.

Does not apply as the persons responding to your post are NOT THE ONES being read Miranda.

Besides without all the facts of the case, who can ascertain what information the officers were working to determine p.c. (probable cause)

 

[meerkat3232]

Other possibilities?

Owens,
In your original post I found it unclear as to how your friend absolutely knew it was the police who searched his car. If this park is a popular spot for teens to hang out and drink under age, is it possible the car was actually rifled through by some other group of teens later during the night whom were looking for something to steal? Also how old is this friend? It is not wise for him to be hanging out with drinking teens, especially if he is of legal age to purchase. Guess who is then accused of contributing to delinquency of minors? Finally, is your friend certain the police found nothing? They may have seen something which looked like paraphenalia inside the car. Besides all that, when a group of teens flees from the police, to what extent may the immediate area be considered as part of the "crime scene"? I'm not in any way affiliated with or educated in the field of law, but I think the ultimate answer is...there are far too many unanswered questions in this situation to be able to assume anything. I feel we would need to hear the police's side of it.

 

[davidglow]

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[davidglow]

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[n_and]

What the heck does that have to do with this thread?

 

[oob-a-keep]

What the heck does that have to do with this thread?

No doubt, ...where the he|| did this guy come from??? I think the chrome paint fumes are getting to him. ROFLMAO

 

[Bravo8]

Considering those are his only two posts, I'd say he's just a "drive-by ad poster".