Searches and seizures - Ive debated on informing about this topict, but I have seen too many abuse the consent search. In order for the police to search your vehicle without your permission, they must have probable cause. Smelling burnt marijuana, for example, is probable cause. Your eyes being bloodshot is not. They may also search your car if they can verbalize that you have an unlawful weapon in your car. Consent searches, by law, are just that. You can revoke the right to a consent search at any time for any reason. You can deny consent searches at any time. Ladies, if you take your purse from the car with you, it cannot be searched. They (police) cannot ask your for a consent search until the conclusion of a traffic stop (when you are free to go). They can detain you for a reasonable amount of time to have a dog sniff your vehicle. This varies, depending on circumstance. Interestingly, being placed in the back of a police car is not a sufficient reason for searching your person. I will go over Terry stops at a future date.
Posted on: Mon, 24 Mar 2014 20:46:55 +0000