didnt even know they asked........thought they just did it
didnt even know they asked........thought they just did it
here you goOriginally Posted by HypnoToad
When are police legally allowed to search me?
Police officers are legally allowed to search your home or your property if they obtain a search warrant. To obtain a warrant, police officers must write out an affidavit -- a written statement under oath -- to convince a judge that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
As a general rule, searches conducted without a warrant are automatically unreasonable and hence violate the Fourth Amendment. But in fact most searches occur without warrants because police take advantage of these many legal exceptions to the Fourth Amendment:
WARNING: If you ever face a real-life police encounter where the officer is urging you to consent to a search, do not try to figure out whether or not the search is legally permissible. You must assume that the search is not legally permissible and that the search will only be legal if you consent.If an officer is in fact legally allowed to search you, you have nothing to lose by refusing to consent.
- Consent Searches If the police ask your permission to search your home, purse, briefcase or other property, and you freely consent, their warrantless search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during a consent search can be used to convict the person.
- Plain View Rule This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.
- Searches Made in Connection with a Legal Arrest Police do not need a warrant to make a search "incident to an arrest." After a legal arrest, police can legally protect themselves by searching the person and the immediate surroundings for weapons that might be used to harm the officer. Consequently, whatever an officer finds during such a search can be used to convict the person.
- Exigent Circumstances A judge may uphold an officer’s warrantless search or seizure if "exigent circumstances" exist. Exigent circumstances were described by one court as "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence."
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I refused a search, but the officer searched me anyway. Was it an illegal search? What should I do?
Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal, you’ll have to get a lawyer and fight it out in court.
If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dropped. Every case is different so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.
If you’re searched illegally and nothing is found, you should still consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.
no, normally you will just say ok out of fear. thats how cops work effectively is based on the fear of the public. know your laws and be on the same playing ground as them.
this is what i was saying... worst thing that can happen is they search you w/o probable cause or a warrant and you can file complaint or possibly sue. you can't get in trouble for saying NO when they ask. they ask b/c they have no other way in your car legally.
yea you cant get in trouble for saying no, but if a cop ask me to search ill normally say sure cause
A: i dont have anything to hide
B: i was probably speeding so being cooperative might possibly get me out of a ticket or get it reduced, everyone likes a nice person.
how can you get in trouble if asked to search your car if you say NO? it is your right to say NO. it doesn't mean throw yourself in front of him and try to stop him. he can only search w/ probably cause or a warrant w/o your consent.
thats what i said, you cant get in trouble for saying no.
i was just stating why i say yes.
and the yea at the beginning was agreeing with you. should have put a comma there.
gotcha i misread
Never been asked.
not true. I have been deemed the nicest person in like my town lol, and gotten 2 tickes for crap. Once got my license suspened for six months and the other one was 130 bucks.
But anyways, i never have shit on me. if i did id still say no. lol. Just cuz. Id say it nicely but id say no. I dont like anyone getting my car dirty.
if your having a party and the cops show up, can they come into the apartment? or do you have to tell them they can come in?
does it make a difference if its an apartment or a house?
"COREY BLADE SHUT THE FUCK UP YOU RETARD, YOU SCAMMED SOMEONE YOU HAVE NO ROOM TO TALK!""nah bitch stfu you little yellow snot rocket ricer.
They were rota's mother fucker!"
well if you open the door and they see illegal stuff then they can enter w/o you being ok with it. hell if they smell it that gives them probable cause.
or if a jackass at the party calls the cops and says something is about to happen to them they can enter.
well i my parties only have alcohol. no drugs. but if they see a bunch of beer, and its obvious that its not a bunch of middle school kids there, they cant do anything, just asking cause my 21st is next week and i will have like 5 people that are like 19 or 20 and i didnt want anyone getting in trouble
"COREY BLADE SHUT THE FUCK UP YOU RETARD, YOU SCAMMED SOMEONE YOU HAVE NO ROOM TO TALK!""nah bitch stfu you little yellow snot rocket ricer.
They were rota's mother fucker!"
yea just dont let them in, and show them your id, and the ones under 21, hide em. oh and be respectful. they normally go to parties cause of noise complaints.
thats what i figured, its at my friends apartment and i didnt want him in trouble for supplying to minors or anything or people getting MIP's
thanks
"COREY BLADE SHUT THE FUCK UP YOU RETARD, YOU SCAMMED SOMEONE YOU HAVE NO ROOM TO TALK!""nah bitch stfu you little yellow snot rocket ricer.
They were rota's mother fucker!"
Man it must suck to have cops that care about drug use at parties. Most of the APD and GTPD around here just come up and tell you to turn the music down and dont care whats going on 10ft from them. Last week my neighbors had a cop come up and tell them to quit blowing off fireworks at 2am and their dumbass friend kept hitting a bowl on the front porch . . . cop drove away and said if he had to come back there would be bigger problems than just fireworks.
I even had a cop call me out on being stoned at a party my freshmen year of college, he asked if I was high or drunk (I was both), and being underage and stupid I said high and that I didnt have anymore (I didnt), so he told me to get a ride home since I was underage and didnt need to be around alcohol. Coolest cop ever.
90% of cops is how you deal with them, 10% is the cop's general attitude regarding the situation.
02 WRX Sport Wagon
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