To answer this question, and a number of others, that I address in the coming days, we begin with a quote from the Constitution of the United States - 4th Change:
The right of the people to be in their persons, houses, secure papers, and effects, against unreasonable searches and seizures, shall not be violated, and make no warrants, but upon probable cause by oath or affirmation, particularly But the place to be searched describes, and the persons or things tobe confiscated.
Now the language is very difficult and is definitely not written in plain language with which each of us spoke a day, so let me rephrase it in a way that more readable and understandable;
A person, his or her home, documentation, and personal items may not search or possessed for an inappropriate purpose, the government (). In addition, a warrant is required and can only be issued if probable cause is supported by someoneSwearing to the veracity of his statement as presented to a judge, and the affidavit must specifically describe the place to be searched and the persons or things to be taken into account.
So, to this question, I use my experience as a former cop and a criminal defender. Let me describe a scenario that begin each of us to witness almost daily. You drive on the highway and a car pulled to the shoulder of a roadand behind it is a black and white car with flashing red and blue lights. An officer stands at the window of the vehicle, in conversation with the driver, who is the sole tenant. The officer tells the driver that he wants to search the vehicle. What's happening?
The general rule: An officer may stop and automobile clubs, if an officer has a reasonable and articulable suspicion that the motorist has violated a traffic law. As soon as the vehicle pulled to the side of the road, the FourthAmendment allows the officer to the interior of the vehicle by is, through the Windows Search on This is the "visible" or "plain sight" rule, developed in case law and is part of the "auto exception" to the warrant requirement of the 4th Amendment.
However, the trunk of a vehicle can not be searched unless the officer has probable reason to believe that it contains contraband or the placement of criminal activity, and is similar to that officer did not reachLook in sealed containers or a locked glove box unless it is the same type of probable cause exists. If the vehicle is secured, its contents can be inventoried without a warrant, enter, including the contents of the trunk and container.
The rationale for authorizing warrantless searches of cars is that the mobility of vehicles, drivers can operate with incriminating evidence in the time it would take the police to escape in order to secure a search warrant would. The Court has held thata person expects less privacy in a car than at home, and when one thinks about it, this is reasonable, go on the road in a vehicle that everyone, not just an officer, can look to see through the windows and, what is inside.
As the driver of the vehicle, you can do a few things:
1) The consent to search when you have absolutely nothing to hide or conceal the vehicle and want to speed up the process or
2) refuses to allow the officer to searchVehicle.
If you choose to refuse the officer looking at the application, you should ask the officer if you are in prison, and if you're not, why he or she will look for your vehicle. However, the officials can not provide a complete answer to the question of why he or she will not ask, looking for space. Denying is not looking for an officer to request an admission of guilt, even though the officer can tell you that if you have nothing to hide, you should make the search.
The officer can insist onSearching your car. Clearly indicate, "I am not given the consent to do this search," but that instructs the officer. Again and again, but politely and firmly insist that you do not consent to the search because the probability of the statement is recorded large, at least among the majority of department policy. This recording is in a later trial of inestimable value, should they arise. But no matter what you do, do not interfere with the search and do not touch the officials as one of these actionsyou probably get arrested.
In addition, the officer in the patrol car, you can place or even you have handcuffs and sitting on the sidewalk, while conducting the search. Again, this does not mean you are under arrest, but is probably as "officer safety" tactics are known. This usually occurs when there is only one officer and several occupants of a vehicle or if the official knows that backup is not in the vicinity. If you make the officer handcuffed, unable to resist DO, and a reason for the arrestThem.
Another situation that may arise is that an officer has to get out the occupants from the vehicle because he goes looking for her. This kind of search is an on probable cause. For example, when the officer approaches a vehicle and a smell, says that "training and experience," he or she is marijuana or other illegal substance, he has not received the consent to search the vehicle. But, the officer may ask for consent, because then there is little scope for the search later electionswith the exception of a claim that the search was not voluntary or freely given ... This means that the search was forced. In this situation, even if you refuse to consent, the officer may search the vehicle anyway. Even if this does not happen to resist and do not create problems. You always have the challenge of the search in court and they were more cooperative (in the following instructions), the better result you can get later.
The information contained in this article information is not specific to any state and if younotice that was you or your vehicle or property searched or seized, you should contact without delay, a defense lawyer if you believe that your rights have been violated. A good defender is in a position, your questions about what happened, and if you answer a legitimate claim or case. And, it is very important that you tell your lawyer what happened as quickly as possible, especially if you are advised to chargeas a result of the search because the evidence is found for it, as a result of an illegal search are likely to be excluded from proceedings against you.
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