Rights when being pulled over

[Joffa]

What exactly are our rights when we get pulled over by the Police? I thought they always have to obtain a warrant to search your car, even if they have to simply call up a magistrate to get one; however I was talking to my friend who is in academy right now and he said if they have "probable cause" they can search your car right then and there without asking you and without a search warrant! Which is correct? Does this vary state to state? Basically I would like to know what are my rights and what should I do if and when I ever get pulled over. Thanks,

~Joffa

 

[CyniQ]

I know that in the state of TX they can search your vehicle without a warrant IF they have probable cause. If they don't have any legitimate cause they must ask for consent. The NAACP, and ACLU are lobbying to ban consent searches in my area because cops search blacks 1.8 times more often than whites. But as I understand they can still search with probable cause.

 

[Joffa]

Hey bro, I am gonna be out of town for a few hours, but I will get back to you tonight....

BigK, no rush. I don't plan on being pulled over tonight. LOL. Take your time.

~Joffa

 

[Deacon]

in WI they can search your lungs or reach area - for weapons or anything you may have stashed like dope - hwoever to enter a locked space like the glove box they need consent from you or a warrant - and also for the trunk
UNLESS and this is a qualifier - you are placed under arrest - then the search of the vehicle becomes a custodial manner and they can search it incident to the arrest - also for departments that tow your vehicle when the driver is arrested they can enter all compartments for purposes of inventory prior to placing into impound

one note on the passenger in WI - the passenger's person can be searched for officer safety and the area around his seat also with in his lunge area.

Hope that helps bro

BTW in the day of the telephone search warrant you are pretty much screwed if you have illegal stuff in the car - also the car gives officers expanded rights to search in many states because it is movable and evidence inside able to be destroyed.

 

[CyniQ]

dont forget probable cause is not hard to get....so IMO, never store or have anything illegal in your car...

That's good advice.

When I was 17 I moved out of my parents house. Because I moved around a few times after that, I had a lot of things sort of stored in my car. I was pulled over for speeding in a little nothing town in north TX. Officer asked what I was doing in town. I replied that I was visiting a few friends. He asked who. So I named them. Apparently my friends were known to cause a little trouble from time to time. He asked to search the vehicle. I thought it was clean so I consented. He found a "switchblade" in the glove box. I didn't even know it was illegal. I was arrested. Charged with possesion of a prohibited weapon (class A). They confiscated the knife. Really pissed me off.

I grew up in Ventura Co. Not necessarily a rough area, but could be at times. A kid pulled this switchblade on me in the bathroom at school when I was about 13. I took it from him and beat his ass. Kept the knife ever since. It was sort of a symbol to me. During my time in the jail of this little town(3 days, arrested on Fri. couldn't make bail til Mon) , I was hit repeatedly and pushed down some stairs, by the cops. They also stole the cash I had in my wallet. Ever since, I got no love or trust for LE.

I'm now an adult and can afford a good attorney. I don't consent to anything. I'm usually not even polite.

 

[tonyton]

never carry anything in your car period...and aways be polite! it goes a long long way... beleive me..I come from a long line of officers, lutenants and fbi agents.