unjonharley wrote: sacramentogames wrote: LLQchasm wrote:
sacramentogames wrote:A peace officer only has the right to look in your glove box and that's where it ends.
Technically that's only true if the glove compartment is open. They can't look at anything that is not in plain view without permission. They have to have probable cause. That hasn't stopped dirty cops, but a dirty cop might not even bother to ask.
They can look in your glove box and anywhere in plain view. The glove box does not have to be open for an officer to get into it legally.
If anyone is in the car on probation or parole, an officer can search the probationer and anywhere in the car within arms reach.
For the guy who got busted in this thread, you are lucky you only got charged with possession felonies. You could have been hit with Transport. I think the code on that is HS11360 and HS11379
This is BLM land.. Don't forget Geo. BUSH took the lid off legal search.. BLM stops you and your ass is grass.. Same thing going through the resarvation..
Wow. I think you need a little more education on what you are talking about and I will gladly help you with this. First, Bush did not write laws in regards to search and seizure nor did he sign any law to take those rights away. I am not a Bush fan but I like to keep facts straight.
The law is the law. You may run into a peace officer that is not following procedures. Any information I give you is coming directly out of a textbook from POST (Peace Officer Standards and Training).
If we go by the letter of the law, a peace officer MAY NOT go into your pockets nor go into your vehicle (other than glove box) without your permission. Otherwise he is acting in the color of the law (done in violation of the law). The reason an officer will ask for your consent over and over is because you have the legal right to say NO. A judge will not in his right mind give a search warrant to an officer UNLESS he a reason to believe a crime has been committed and he better be able to articulate it in his request for the warrant.
If an officer asks to talk to you, you have the right to walk away unless he has reason to believe a crime has just been committed. If an officer says , "can I talk to you for a moment?"(consensual encounter), you may say no and walk away. If he says "come here and talk to me" or "I want to talk to you" and you do not feel you are free to walk away, you are now being temporarily detained. At this point he better have reason to believe you have committed a crime (probable cause) or you can talk to your attorney for possible civil action against this officer.
The rules are not different on Federal land.
As for Indian Reservation, I have absolutely no idea. I would have to do research on that one.
Everything I have said above are FACTS. The first part of the Fourth Amendment deals with the right of the people to unreasonable searches and seizures. The second part defines procedures officers must follow when obtaining a warrant.
To the person who made a crack at Feds: Now as for Feds doing whatever they want (TSA), You are probably in an airport or at a train station. You give up rights in search and seizure law when you decide to fly. If you are the guy that pisses and moans about it at the airport then I have a wonderful suggestion to you: DRIVE DON'T FLY!
I get searched at airports quite a bit. I thank each and every one of them for making our airplanes safe. TSA Does not get a boner searching you. By not cooperating with the agent, you are going to make it difficult for everyone and hopefully they can hold you up long enough for you to miss your flight. You will catch more flies with honey than you will with vinegar.