Nope..... ....and I've been stopped and asked that numerable times in my youth while dwb (driving while black). I figured out long ago that you have every right to narrow their stop to the offense they'd allegedly witnessed and not let them go on fishing expeditions.
Would you submit to a "voluntary" search?...
by Justice-One 40 Replies latest jw friends
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RubaDub
When they were doing the "pat-downs" a year or two ago at the airports, I did ask that I be completely searched by one of the TSA officers (a really nice looking and EXTREMELY well put together woman).
They laughed and told me to keep moving.
So much for trying to get voluntarily searched.
Rub a Dub
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UnConfused
RubaDub - nice work!
I too would like to let it be known that a voluntary search by a hot female police officer would be welcomed. In fact if you just want to say you have been interested in being a female police officer you can search me. To hell with my rights! -
outoftheorg?
Un confused
This reminds me of the guy that gets stopped by a buxom nice young female police officer.
While she was reading him his rights, she says "anything you say can and will be HELD against you".
The guy thiks for a second and says BOOBS???
Outoftheorg
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frankiespeakin
I would always say no, even if I had nothing to hide, for the simple reason, that I value my privacy and strongly resent any form of governmental invasion into my personal life. We have given away too much freedom to governments already, where will it stop? I don't know about you but the less government gets in my affairs the better.
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Justice-One
I don't know about you but the less government gets in my affairs the better.
Yup, the two scariest phrases in the world are "fix bayonets" and "we're from the government, and we're here to help."
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Forscher
The simple answer is never to give permission unless you are in a hurry and know there is nothing there.
However, be aware that Carroll v. The United States; 267 U.S. 132, 45 S.Ct. 280 (1925) does give the police the right to search your vehicle without a warrant if you deny them permission. However, things get kind of muddy about the scope of the search, etc.. The third edition of Criminal Procedure By Whitebread and Slobogin sumarises the "atuomobile exception" to the 4th Amendment warrant requirement thussly on page 208:
- The area searched must be a movable vehicle associated with a lessened expectation of privacy; that is, a vehicule whose setting objectively indicates that it is being used for transportation.
- There must be probable cause to believe the vehicle contains evidence of crime.
- there must be exigent circumstances justifying a warrantless search of the vehicle, meaning that the time between developement of probable cause and the discovery or stopping of the vehicle was insufficient to procure a warrant.
- If these elements are not met, any area of the car or any container therein for which probable cause exists may be searched immeadiately, or at some later time, provided any delay which occurs does not unreasonably interfere with privacy or possessory interests.
Of course, I must note that police are usually given the benefit of the doubt in regards to what constitues "probable cause," so it is not hard at all for them to come up with some sort of probable cause (they can simply say they smelled a "suspicious odor" which resembled pot) to justify a warrantless search if they want to search anyway. The scope of a warrantless search is generally limited to the area "under the immeadiate control" of the driver and/or passengers, though that gets kind of fuzzy as well.
Did I pass the exam professor?
Forscher
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Forscher
The simple answer is never to give permission unless you are in a hurry and know there is nothing there.
However, be aware that Carroll v. The United States; 267 U.S. 132, 45 S.Ct. 280 (1925) does give the police the right to search your vehicle without a warrant if you deny them permission. However, things get kind of muddy about the scope of the search, etc.. The third edition of Criminal Procedure By Whitebread and Slobogin sumarises the "atuomobile exception" to the 4th Amendment warrant requirement thussly on page 208:
- The area searched must be a movable vehicle associated with a lessened expectation of privacy; that is, a vehicule whose setting objectively indicates that it is being used for transportation.
- There must be probable cause to believe the vehicle contains evidence of crime.
- there must be exigent circumstances justifying a warrantless search of the vehicle, meaning that the time between developement of probable cause and the discovery or stopping of the vehicle was insufficient to procure a warrant.
- If these elements are not met, any area of the car or any container therein for which probable cause exists may be searched immeadiately, or at some later time, provided any delay which occurs does not unreasonably interfere with privacy or possessory interests.
Of course, I must note that police are usually given the benefit of the doubt in regards to what constitues "probable cause," so it is not hard at all for them to come up with some sort of probable cause (they can simply say they smelled a "suspicious odor" which resembled pot) to justify a warrantless search if they want to search anyway. The scope of a warrantless search is generally limited to the area "under the immeadiate control" of the driver and/or passengers, though that gets kind of fuzzy as well.
Did I pass the exam professor?
Forscher
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Forscher
Ouch! That one posted twice!! Oh well.
Forscher
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Justice-One
Of course, I must note that police are usually given the benefit of the doubt in regards to what constitues "probable cause," so it is not hard at all for them to come up with some sort of probable cause (they can simply say they smelled a "suspicious odor" which resembled pot) to justify a warrantless search if they want to search anyway. The scope of a warrantless search is generally limited to the area "under the immeadiate control" of the driver and/or passengers, though that gets kind of fuzzy as well.
Did I pass the exam professor?
Pretty close. The bottom line is that using the "grabable area" excuse, they can pretty much search your entire car with or without your say so. However this does not apply to the locked trunk unless they already have, or a drug dog has given them probable cause. And it is my understanding that they will need a warrant to get into a locked box or safe that you have in your car.