The answer to "Are there rights when being questioned for drugs in your car"?

[alcohol kills]

No there isn't. I am reporting this as a FACT. With my unfortunate mishaps with the law and them taking my beautiful nug's of happiness, I know. here it is the full spectrum of our rights and freedoms from search's....


PROBABLE CAUSE

The Fourth Amendment has two clauses. The first states that people have a right to be protected from unreasonable searches and seizures, and the second states that no warrant shall issue except upon probable cause. The roots of the second clause -- the probable cause requirement -- lie in English and American colonial history. Prior to the framing of our Constitution by the founding fathers, the government had virtually unlimited power to believe, right or wrong, that any illegal items they were looking for would be found. In England, this all-purpose power took the form of what were called general warrants; in colonial America, they were called writs of assistance. To protect against the abuses inherent in this kind of power, the Framers added a probable cause requirement.

The probable cause requirement is, in many ways, more important than the reasonableness clause. Not all search and seizures require warrants (e.g., automobile searches, arrest in a public place), but the Supreme Court has interpreted warrantless searches and seizures as unreasonable unless preceded by probable cause. This means that as a general rule, most searches and seizures require probable cause.

It's an example of the procedural law's attempt to balance, or accommodate, competing interests. On the one hand, it protects from arbitrary intrusions into liberty and privacy, but on the other hand, it gives sufficient leeway to government officials by not being as strong of a standard as proof beyond a reasonable doubt. More leeway is granted to law enforcement under the standard of reasonable suspicion (see this Lecture on Stop & Frisk), and the standard of reasonableness under all circumstances used in school searches and sweeps. The Supreme Court has indicated that any exceptions to the probable cause requirement will be few in number. The Supreme Court has referred to its interpretation of probable cause as the "accumulated wisdom of precedent and experience."

DEFINITIONS

The precise meaning of "probable cause" is somewhat uncertain. Most academic debates over the years have centered around the differences between "more probable than not" and "substantial possibility". The former involves the elements of certainty and technical knowledge. The latter involves the elements of fairness and common sense. There's more adherents of the latter approach, but how do you define common sense. Supreme Court case law has indicated that rumor, mere suspicion, and even "strong reason to suspect" are not equivalent to probable cause. Over the years, at least three definitions have emerged as the best statements:

Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed. (reasonable man definition; common textbook definition; comes from Draper v. U.S. 1959)

Probable cause is what would lead a person of reasonable caution to believe that something connected with a crime is on the premises of a person or on persons themselves. (sometimes called the nexus definition; nexus is the connection between PC, the person's participation, and elements of criminal activity; determining nexus is the job of a judicial official, and it's almost always required in cases of search warrants, not arrest warrants)

Probable cause is the sum total of layers of information and synthesis of what police have heard, know, or observe as trained officers. (comes from Smith v. U.S. 1949 establishing the experienced police officer standard)

There are of course, other definitions, and it's a fact of life in criminal justice that different judicial officials use different definitions. Judges will always have the last word on probable cause. Police will use whatever judicial official is available, preferred, or the court system may have a rotating duty roster for judges or magistrates to sit for nothing but warrants. The Good Faith Exception to the Exclusionary Rule protects the police to some degree in errors made by magistrates (where an appeals court rules that the magistrate signed off too leniently on probable cause). The Sixth Amendment also requires a person arrested without a warrant be brought before a magistrate without delay. This is called First Appearance, and it involves a judicial affirmation of probable cause. Many jurisdictions also still have something called the Preliminary Hearing, and it involves the determination of whether there are reasonable grounds to believe someone is guilty (not reasonable doubt, but jacked-up probable cause). Modernized court systems combine the First Appearance and Preliminary Hearing into one Probable Cause Hearing (eliminating the redundancy).

There are a few things from other areas of the law that have relevance for the law of probable cause. One of these is the area of privacy. A "search" is in many ways a violation of privacy, a quest for something. Therefore, the Katz definition of privacy (expectation of privacy) prevails and in many ways supplements the particularity requirement (searches cannot be exploratory in hopes of finding something; they must be calculated, looking for something specific). Under Katz, only things a person clearly expects or deems private are protected; anything on display or in a public place is not protected. The area of electronic surveillance is also relevant. States cannot generally give their officers more power than the federal government allows when it comes to technology, but there are loosened restrictions on consent and different definitions of private (e.g., email) under wiretapping law. A "seizure" involves a dispossession of a person's exercise of dominion or control of a thing; the detaining of their body in the case of arrest. The only things that should be seized, as a general rule, are items within Plain View or under the immediate control of a suspect (the Chimel Rule), but in some cases (under conspiracy, racketeering, and asset forfeiture laws), a person can be dispossessed of things faraway and distant (like Swiss Bank Accounts) if the items are instrumentalities or proceeds of the crime. The law of seizure generally recognizes two precedent-setting cases:

Brinegar v. U.S. 338 US 160 (1949) -- (Probable Cause to Arrest) -- provides details on how to determine if a crime has been or is being committed

Carroll v. U.S. 267 US 132 (1925) -- (Probable Cause to Search) -- provides details on the belief that seizable property exists in a particular place or on a particular person.

[The Colonel]

i didnt read all of it but i can tell you, i know first hand that you can tell a cop, "yes i have a problem with you searching my car" and go home free.

[Markass]

umm...if you aren't fucked up and there's nothing in plain sight, it's an illegal search, and I'm not going to allow that to happen. What I have is going to be hidden and if I am stoned, nobody's going to know that I am unless I tell them, and I most certainly am not going to tell a cop that. You have more rights when they're questioning you, buddy. The cops cannot waste your time..."officer, am I going to be detained? Because if not, I really need to get going." I'm way too effing stoned to have any desire to read all of the paragraphs. I don't care what they say, the cops aren't going to take advantage of my constitutional rights. I am not going to allow that to happen.

[higher4hockey]

the bottom line is, its there word against yours, and if you're fighting this in court, its someone that was caught with marijuana against a police officer. ie you lose. i tried to fight it on the illegal search and seizure...didn't work.

other than that, impressive post!

[MastaChronic]

the bottom line is, its there word against yours, and if you're fighting this in court, its someone that was caught with marijuana against a police officer. ie you lose. i tried to fight it on the illegal search and seizure...didn't work.

other than that, impressive post!

thats why everybody needs to either pack a tape recorder or a camcorder in their car

[Samwhore]

Never talk to cops, they are trained to get the truth out of you just say, "my mother always told me not to talk to strangers"

[alcohol kills]

Well truth be told, a cop can search anyone one's car or public property on a warrantless search siezure MEANING they don't have to get a judge to sign it or wait for your "lawyer" to arrive. If they want to search your car THEY WILL FIND A WAY i.e. dog searching outside of car, probable cause, bench warrant...

[Markass]

Well truth be told, a cop can search anyone one's car or public property on a warrantless search siezure MEANING they don't have to get a judge to sign it or wait for your "lawyer" to arrive. If they want to search your car THEY WILL FIND A WAY i.e. dog searching outside of car, probable cause, bench warrant...

Not if they're sitting there for more than five seconds trying to tell me a reason why they need to search...as I mentioned above, the cops don't have the right to pointlessly waste my time, and I'm not going to allow them to. If there's not anything directly in plain site, or they can't prove I'm intoxicated, I'm going to ask for my ticket and wish to be on my way..because I have somewhere to be.

[alcohol kills]

Not if they're sitting there for more than five seconds trying to tell me a reason why they need to search...as I mentioned above, the cops don't have the right to pointlessly waste my time, and I'm not going to allow them to. If there's not anything directly in plain site, or they can't prove I'm intoxicated, I'm going to ask for my ticket and wish to be on my way..because I have somewhere to be.

I'm just saying IF they want to search your car for whatever reason they give to use the broad word "probable cause", they will, some cops may not mess with you but IF they want they (shouldn't be able to) can!

[Markass]

I wouldn't say that probable cause is broad by any means...If he tries to make some bullshit up, I'm not going to go for it..and if you're smart, you won't. And I still strongly disagree. If they want to, and there's no legal reason, they're NOT going to. I'm very aware of my rights, and how things are supposed to work. The cops are going to be the last people that I let violate my rights.

[Myth1184]

Not if they're sitting there for more than five seconds trying to tell me a reason why they need to search...as I mentioned above, the cops don't have the right to pointlessly waste my time, and I'm not going to allow them to. If there's not anything directly in plain site, or they can't prove I'm intoxicated, I'm going to ask for my ticket and wish to be on my way..because I have somewhere to be.


Cops can hold you for 24 hours without charging you with anything, so you need to know what you are talking about before you go off saying stuff like you can just drive away. You tell a cop he cant search your car, he will make your ass sit there till he either gets a Dog to come search the car, or a Judge to issue a warrant.

And bud, if your stoned, everyone will know it.

Mostpeople will act like badasses on interntet forums orperson to person taling, acting like no cop is gona violate my rights etc...but when it comes down to you and the cop, youll do whatever the cop ask of you.

[MastaChronic]

Cops can hold you for 24 hours without charging you with anything, so you need to know what you are talking about before you go off saying stuff like you can just drive away. You tell a cop he cant search your car, he will make your ass sit there till he either gets a Dog to come search the car, or a Judge to issue a warrant.

And bud, if your stoned, everyone will know it.

Mostpeople will act like badasses on interntet forums orperson to person taling, acting like no cop is gona violate my rights etc...but when it comes down to you and the cop, youll do whatever the cop ask of you.

they cant have a dog search your car without a warrant and probable cause to get that warrant, oh sure they can violate my rights, but when i take it to court i would get off scott-fuckin-free
i hate pigs and i would flex every last one of the applicable rights in every situation. the right not to bear witness unto myself, the right to deny a search without probable cause and a warrant, the right to be polite and courteous while im exercising my other rights etc etc fuckin etc

[alcohol kills]

they cant have a dog search your car without a warrant and probable cause to get that warrant, oh sure they can violate my rights, but when i take it to court i would get off scott-fuckin-free
i hate pigs and i would flex every last one of the applicable rights in every situation. the right not to bear witness unto myself, the right to deny a search without probable cause and a warrant, the right to be polite and courteous while im exercising my other rights etc etc fuckin etc

PROBABLE CAUSE

The Fourth Amendment has two clauses. The first states that people have a right to be protected from unreasonable searches and seizures, and the second states that no warrant shall issue except upon probable cause. The roots of the second clause -- the probable cause requirement -- lie in English and American colonial history. Prior to the framing of our Constitution by the founding fathers, the government had virtually unlimited power to believe, right or wrong, that any illegal items they were looking for would be found. In England, this all-purpose power took the form of what were called general warrants; in colonial America, they were called writs of assistance. To protect against the abuses inherent in this kind of power, the Framers added a probable cause requirement.

The probable cause requirement is, in many ways, more important than the reasonableness clause. Not all search and seizures require warrants (e.g., automobile searches, arrest in a public place), but the Supreme Court has interpreted warrantless searches and seizures as unreasonable unless preceded by probable cause. This means that as a general rule, most searches and seizures require probable cause.

It's an example of the procedural law's attempt to balance, or accommodate, competing interests. On the one hand, it protects from arbitrary intrusions into liberty and privacy, but on the other hand, it gives sufficient leeway to government officials by not being as strong of a standard as proof beyond a reasonable doubt. More leeway is granted to law enforcement under the standard of reasonable suspicion (see this Lecture on Stop & Frisk), and the standard of reasonableness under all circumstances used in school searches and sweeps. The Supreme Court has indicated that any exceptions to the probable cause requirement will be few in number. The Supreme Court has referred to its interpretation of probable cause as the "accumulated wisdom of precedent and experience."



ENOUGH SAID. :pimp:

[alcohol kills]

and as an add-on ...

So if the cops even think your doing wrong then they use the "probable cause" speech. And if you think they even need a warrant to search the proximity of your car YOUR WRONG. To those who have doubts of this debate , feel free to use the excuse of "I have rights" or you could use this one.... DON'T DRIVE WITH IT IN YOUR CAR, IF YOU CAN'T EAT IT LEAVE IT!!!! Drive good when its in your car and if .... ohohohohoh ....and if you have a prior simple possesion charge might as well consider yourself searched already(7 out of 10 times). If its a State Trooper then your pretty much safe in the since of you dont go to jail and only get a ticket, but if it is county or city cop....lol, it's 50/50, depending on if you lie to them and then they found it. Most cops give you a ticket and leave but if they smell it, you look high, have ANY items used to smoke bud, or have priors ....thats enough to search.

SO LEAVE IT AT HOME or MAKE SMALL DISTANCES MAINLY AWAY FROM SCHOOL ZONES AND DAYCARES. YOU WILL GET IN TWICE AS MUCH TROUBLE FOR HAVING IT AT OR AROUND SCHOOLS

P.S. THIS IS AMERICA YOUR RIGHTS WHERE COMPROMISED WHEN THEY(THE GOVERNMENT) PUT CLAUSEES TO THE AMENDMENTS... ONE WORD PATRIOT ACT....(ok 2 words) look it up then post a serious reply. There are 36 clauses added to your 4th amendment "constitution" , disclaimers i guess you could say. These little clause made the bill of rights nothing more than a paper weight. Freedom of Speech is really the only amendment that is still firm in its statement-----
THE EXACT ORIGINAL WORDIN GOF THE 4th AMENDMENT,:rastasmoke: before the clauses.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

TIPS---With probable cause, police officers may search any area in the vehicle. They may not, however, extend the search to the vehicle's passengers without probable cause to search those passengers.




ENOUGH SAID. :pimp:

[Markass]

Cops can hold you for 24 hours without charging you with anything, so you need to know what you are talking about before you go off saying stuff like you can just drive away. You tell a cop he cant search your car, he will make your ass sit there till he either gets a Dog to come search the car, or a Judge to issue a warrant.

And bud, if your stoned, everyone will know it.

Mostpeople will act like badasses on interntet forums orperson to person taling, acting like no cop is gona violate my rights etc...but when it comes down to you and the cop, youll do whatever the cop ask of you.



lol, I'm stoned every day and nobody seems to notice...so don't tell me that people are going to know if I'm stoned. And actually, no. The past two times I've been confronted and asked to have vehicle searched..got probable cause? umm..no, but I'd just like to take a look....I rolled the windows up, locked the doors, and told him to go ahead...He looked in a bit, then told me told me to slow down and be careful. lol, not everyone acts like you, buddy. btw, I don't like you.

[MastaChronic]

btw, I don't like you.

i dont like this fucker either.
he thinks hes a know it all
"hardy har har"
ive exercised my rights exactly how i described, while being calm and courteous(kissing ass) about it.
its worked every time, schools, wherever.
so....you can try and argue your little argument with words...but whatever you say dont matter to me because i have plenty of experience with dealing with pigs and i have never gotten searched because i know my rights.

[alcohol kills]

lol, I'm stoned every day and nobody seems to notice...so don't tell me that people are going to know if I'm stoned. And actually, no. The past two times I've been confronted and asked to have vehicle searched..got probable cause? umm..no, but I'd just like to take a look....I rolled the windows up, locked the doors, and told him to go ahead...He looked in a bit, then told me told me to slow down and be careful. lol, not everyone acts like you, buddy. btw, I don't like you.


Not here for anyone to like me I only state THE FACTS, i dont make this stuff up or pretend to know what i am talking about. I know from experiance and i didnt even mention that i only mentioned what the Supreme Court rules, and What the true lawas say , not so joe blow who cry's out "RIGHTS" and thinks it really works....this is america remember your rights where gone in 1814 after the first clauses to the constitution where written. Dont care if you or anyone else like.


I DIE ALONE ... I'M BURIED ALONE.... I SMOKE WITH MY FRIENDS... I PISS ALONE.... I WROTE THIS ALONE.... SO HEAVEN FORBID YOU DONT LIKE ME OHHHHH NOOOOO:rastasmoke:

[alcohol kills]

i didnt read all of it but i can tell you, i know first hand that you can tell a cop, "yes i have a problem with you searching my car" and go home free.

I guess i should have been more specific when making this... I meant to get opinions from everyone about there experiances with pigs, and i just posted the definitions and rules of law doesn't mean anything to me.

I was questioned by a cop because i bought rolling papers and he saw me while in the store. I told him i use them for tobaco, he said what kind, i said tops. He asked if i had drugs, guns, or anything illegal in the car, i said NO. He asked if he could search, i said NO. He said well you seem pretty nervous, i wasn't. He told me he was running my plates, then the dog came. He took the dog by the car "NOT SEARCING IT", the dog declared a drug to be in the car so the cop said he was detaining me for further investigation. Searched the car and after about 20 minutes of searching found my little 1/8 and arrested me. Of course I asked if i was being arrested he said NO but my plates where being ran and license for warrants. None came back but that was just to kill time for the dog to arrive. Me and my friend went to jail after telling the cop where we got it...... WELL SOME GUY IN THE WOODS SAYING MAGICALY DE-LISH'IOUSE'. No humor came from his actions.:rastasmoke: I was only that way cause i new i was going to jail already. I have been pulled and just gotten a ticket even when i had a 1/2 oz of northern lights and all i got was my ticket aftering telling him no to a search.

My point is, i was just stating what is fact vs what really happens. I am 100% certain that if a cop wants to search you he will, and you may beat it but YOUR GOING TO GO TO JAIL IF HE WANTS TO SEND YOU....EVEN IF YOU TOLD HIM NO TO THE SEARCH! :rastasmoke:

[Markass]

i dont like this fucker either.
he thinks hes a know it all
"hardy har har"
ive exercised my rights exactly how i described, while being calm and courteous(kissing ass) about it.
its worked every time, schools, wherever.
so....you can try and argue your little argument with words...but whatever you say dont matter to me because i have plenty of experience with dealing with pigs and i have never gotten searched because i know my rights.



lol, yes..that's the same guy that's tried to argue with me about something..I think it was marijuana and cancer maybe..but something that he definately was misinformed on..

[Markass]

Not here for anyone to like me I only state THE FACTS, i dont make this stuff up or pretend to know what i am talking about. I know from experiance and i didnt even mention that i only mentioned what the Supreme Court rules, and What the true lawas say , not so joe blow who cry's out "RIGHTS" and thinks it really works....this is america remember your rights where gone in 1814 after the first clauses to the constitution where written. Dont care if you or anyone else like.


I DIE ALONE ... I'M BURIED ALONE.... I SMOKE WITH MY FRIENDS... I PISS ALONE.... I WROTE THIS ALONE.... SO HEAVEN FORBID YOU DONT LIKE ME OHHHHH NOOOOO:rastasmoke:

I was clearly not directing that post to you...I quoted a completely different person, you're too dumb to notice that. I had nothing against you, only that we DO have rights, and we always will have, no matter what you say. THAT'S THE ONLY THING THAT'S KEEPING YOU FROM HAVING YOUR DOOR BUSTED DOWN YOU SHIT. Is your right that protects you from unreasonable search and seizure. You're rights aren't gone, or you'd be in jail. Our rights are the only thing that keeps us out of jail.

[alcohol kills]

I was clearly not directing that post to you...I quoted a completely different person, you're too dumb to notice that. I had nothing against you, only that we DO have rights, and we always will have, no matter what you say. THAT'S THE ONLY THING THAT'S KEEPING YOU FROM HAVING YOUR DOOR BUSTED DOWN YOU SHIT. Is your right that protects you from unreasonable search and seizure. You're rights aren't gone, or you'd be in jail. Our rights are the only thing that keeps us out of jail.

This is what i am talking about. I'm NOT saying that you dont have rights. You do and hell you can probly beat it in court but, if a cop wants he will find a way to search your car. Don't be so niave, this is america we have rights but the government and state can violate them and if the police dont violate your rights then the courts will. I want to just see you truthfully reply on "are we guilty before innocent or innocent till proven guilty.
Well I know first hand I can tell a lie that someone has drugs or guns in there house or car or i can say they broke into somewhere and the cops down here will arrest you on hear-say.

I wish we could be more together about this but you want to argue that it CANT happen when i'm simply saying it can. I am working on a legal document that is showing where the government is violating our rights when they say marijuana is illegal. They are only allowing the phramacies to dictate the use of drugs and they even allow drugs worst than crack, cocaine, x, heroin, and ghb, but weed is illegal still. People think marijuana is bad because the government says so. Same reason why you went to church, because your mom and dad said to go and that god is real, WHAT A LIE but we believed it because our parents told us to .... same thing with the government, they say pot is bad so its up to the people to stand up and point out the truth. The pro's and con's of F.D.A. aprroved drugs vs marijuana which is virtualy immpossible to o.d. on. hmmm you feeling me now. I go deeper than this arguement and i am trying to do something about our rights but everyone else wants to argue instead of manning up.

jesus man figure it out!!!!

[young Hustla]

Cops can hold you for 24 hours without charging you with anything, so you need to know what you are talking about before you go off saying stuff like you can just drive away. You tell a cop he cant search your car, he will make your ass sit there till he either gets a Dog to come search the car, or a Judge to issue a warrant.

And bud, if your stoned, everyone will know it.

Mostpeople will act like badasses on interntet forums orperson to person taling, acting like no cop is gona violate my rights etc...but when it comes down to you and the cop, youll do whatever the cop ask of you.

also if they have to get the dogs in they are going to rip your car apart so not only are u going to have to pay the weed fine but u gotta pay for your car to be fixed.

[lazy smoker7]

I just have to say I hate cops. I seriously believe they are the type of ppl who will suspect some one growing then break into the house find the shit then coem back the next day with a warrent... Man I think the best day of my life is when the gov stops lieing about bud and stop brain washing every one that its so bad when its not and this will make my life so much eaiser with out the harrasement i get some times from anti pot ppl.