Question about the law?

[FlutterPie]

I have a question about the law in general. I have been trying to learn a lot of laws lately for whenever I encounter an officer. So many people act live a slave when they are encountered by someone with a badge.

The question I have now is. If I get pulled over by a cop, and he claims to smell marijuana or anything. Does that give him probable cause to search my car?

Now let me say, I don't carry marijuana so that would never be a real problem. But as most of us know, their are a decent amount of corrupt cops out there that would just falsely claim something like that.

Now from what I heard, that would give the officer probably cause to search the vehicle. But I just heard someone saying that even if they claim to smell something. They still need either my consent or a search warrant to search the vehicle.

So what one is it?

 

[Tmack]

If you refuse a search after the suspicion of marijuana scent, they are going to call k9. Believe me.

 

[Blarg King]

You know from personal experience Tmack? I joke

I know where I live theres some law about searching electronic devices like cellphones and how its legal for a cop to take your phone and go through it *unless* theres a lock code on it because then it falls under some invasion of privacy law.

 

[Livinloud]

In the states they can't physically go through your phone but they can get a copy of texts and data usage if they suspect you were texting and driving.

Sorry no help in the car thing. I thought it was they need to smell and believe you yourself had it on you or was in plain sight. I don't think they can just say they smell it and search it. They either need to see it or find something on you but I could be wrony

 

[hakzaw1]

best you have a witness that will backup your refusal of allowing a search-
When I went to court the POLICE told the judge I said 'Come on in and search all you want-i have nothing to hide' BS!!
I was lucky that I had a neighbor standing outside who heard my true words..a few months later one officer who was at my home/castle- rolled over on those lying ba5tards
and MANY cases were reversed or dropped due to her coming clean--
At worst I had committed a misdomeanor while the police were committing a felony--

Allowing the police to seize cash and require the one arrested to PROVE where their money came from was a very bad change in the law- in most states you are required to put up a NON-REFUNDABE 10% 'DEPOSIT' just to challange the theft ...add the cost of legal rep. and most just lie down and let the law walk on them--- been there done that.

My lawyer told me to just let them keep my hard earned money as even if i were to win they would be coming after me any chance they had- it was suggested that i MOVE to another state!!

 

[FlutterPie]

That's one of the reason I was told to record every encounter with the police. And to think, I was just thinking about Texas suceeding from the union. And how I would move there if they did.

 

[hakzaw1]

In the states they can't physically go through your phone but they can get a copy of texts and data usage if they suspect you were texting and driving.

Sorry no help in the car thing. I thought it was they need to smell and believe you yourself had it on you or was in plain sight. I don't think they can just say they smell it and search it. They either need to see it or find something on you but I could be wrony

The above incident happened in your state btw
When I was still living in florida I read this:

POLICE in the East coast of florida had stopped- searched and siezed a large amount od cash heading south and a lot od Cocaine going north.

when the law was changed that allowed the police to split up & keep thier 'spoils' it must have occured to them that , aside from keeping part of the drugs for themselves to use or sell a lot of dope was being destroyed- and at that time very few vehicles were then being searched heading NORTH and the police concentrated mostly on south bound cars-- kinda easy to see why. CASH vs dope--

Also to avoid being accused of profiling they simply changed the profiles- to---- 'anyone who appears to not likely to be possessing dope and effectively were able to increase the proflie of a 'dope runner' to include EVERYBODY==

 

[InfinitusEquitas]

Seconding Tmack. A police officer can claim to smell marijuana, and a k9 will be called.

That alone (unless it's in plain sight) does not permit him to search your car. (This may vary state to state, and city to city.)

You may be instructed to exit the car, but you do have the right to close the door, and lock the car (do so). They may not enter it without probably cause.

Now to get the probable cause all they have to do is call over a k9 unit.

In many cases the k9 will false alert no matter what, and a search of the car will be done. So the outcome is the same either way.

To search the trunk of your car, incident to an arrest, usually a warrant is needed (it's a bit of a gray area from city to city, and state to state).

Repeat after me:

Am I free to go?

I do not consent to any searches. (Please come back with a warrant, or at least a subpoena, here are the cards of those you may contact for legal purposes - hand over 2-3 local lawyer cards.)

I am exercising my fifth amendment right not to answer your questions.

Am I free to go?

Am I free to go?

Am I free to go?

Second the cop says yes, say thank you and start driving.

If you have a passenger in the car, it's not a bad idea to have them record the whole interaction, and to do so with your phone as well. Generally in most states you are free to film cops. In some (Illinois, Maryland) you can't record sound without telling the other person so make sure you say that you are recording, and better yet look into local laws.

Federal law, and rulings are very consistent in this, that you are allowed to record cops, but cops are extremely resistant to it for the obvious reason that they lose the ability to control the narrative post incident.

Unfortunately there are a lot of cops that will do whatever they want regardless of anything your do and lie after the fact.

This I say speaking from personal experience, despite never actually having had anything illegal in my car.

 

[FlutterPie]

It's pretty sad that you actually Need to know every law, and every right you have to actually be granted it (sometimes).

I think the reason I am so hostile to law enforcement is for this one reason. When I was younger I was hanging out with buddies that were older than me. I was about 14 at the time, and they were 17 or 18. We walk into a CVS with the intent to buy a couple bic lighters. I was just following them. Then one of them had the bright idea of stealing a single beer can. Unfortunately I was a witness to this. So after they went to the front to pay (with all change) a manager working their went in the cooler and got the now 5 pack. Put it on the counter right next to us without saying a word. We start walking back to his place and two cops stop us. Out of the 4 or 5 of us the cops choose me to question. First thing he asks me is "who stole it". Obviously I wasn't going to snitch, especially with him standing not 20 feet from me. Now this is where I screwed up. I said "I don't know, I didn't see". I didn't know what else to do at the time. Now I realized I should have just kept my cool and said "I don't answer questions" or "I plea to the 5th". Now I'm sure even if I did that he would have lied and said I was breaking a law some how. This cop was the biggest asshole I met. My mom had to come and pick me up and it just was a bad time. The cop literally told my mom that she could punch me in the face for punishment or whatever.

tl;dr : corrupt cop making me feel like a scumbag.

Also if a cop is questioning you when you know you are not breaking any law. You can say "Am I being detained?" they need a valid reason to detain you. So if they say "no" then you ask "Am I free to go?". If they say no, then you ask the initial question again until they say "yes, you are free to go".

One last thing. DUI checkpoints are unconstitutional. So if you see one you have a few options. You can go through it and when they say "Have you been drinking?" just simply say no. But, you also have other options. Another option being you can turn around. You just can't make any illegal turns or anything while doing it. A cop can't pull you over for going around a DUI checkpoint but they can stop you for making illegal turns and such. The third being just pulling up and pleaing your 5th amendment. You don't have to say anything to them, but eventually they have to let you go.

Sorry for super long post.

 

[BShanahan14rulz]

TL;DR: Don't trust the police, they always lie. It's a big part of their job. They have to investigate crimes, and will say anything to get a civilian's cooperation. I went to a private school, and they still tried to indoctrinate us into believing that we should always be open to police, because they are only there to help take down bad guys. As long as you remember who they are and what their job is, you will remember who you are, and whose side they are on. They don't know you; you don't know them. Both sides' views are generally that the other is scum. So, just keep that in mind, you ARE scum until proven otherwise. You may be innocent until proven otherwise, but you are innocent scum.

Speaking of helpful police... Once, I saw a police officer helping a lady who was stranded on the side of the road on a rainy night. He was holding a flashlight so that she could change her busted tire. I guess glad he at least did that, since it WAS a rainy night and in the center median of the interstate.

 

[InfinitusEquitas]

You can, and if you remember to, should ask "Am I being detained?" but it is redundant to asking "Am I free to go?"

Easier to remember just the one, when a jackass is yelling at you. If you're free to go, you're not being detained, and you should go.

About DUI checkpoints, at least the ones I've seen conducted, and been through, the way they get around the problem of people simply avoiding the checkpoint, is they block off nearby streets, but not in view of the checkpoint itself, usually on a one way road. Leaving you no legal option but to turn around.

While I don't condone drinking and driving, there is zero evidence to suggest that someone with a .09 bac is a danger, while another person with a .08 is not. People have completely different tolerances, and react differently.

As such if you've been drinking, and you're not sure about whether you'll pass the breathalyzer test, ABANDON YOUR CAR, walk away. Call a friend, go for a long walk, whatever you want, just stay the hell away from it until you're 100% sober. Hopefully you can park legally, and just literally walk away. Even if not, getting a parking ticket, or your car towed is a whole lot better than getting a DUI.

Breathalyzers are also notoriously fickle. The instructions that the cop will provide for you will also be such that they benefit the cop, not the accuracy of the test.

Edit: Little aside - COPS ARE NOT LEGALLY OBLIGATED TO PROTECT YOU. COPS MAY LEGALLY LIE TO YOU. YOU MAY NOT LIE TO COPS. (Especially with any kind of federal law enforcement, they can charge you simply for lying to them, even if it's a lie of omission.)

That's the thing that gets me. Legally if a cop sees you being killed, if he "fears for his life", he has zero obligation to render assistance. His responsibility is solely to upholding the law, and even then only in so far as he is reasonably safe.