Could a cop search you if...

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However, due to the mobility of cars, time does not permit a search warrant to be obtained

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they don't get the same warrant for a car as for a house, since the warrant for the house takes up to days to get... the warrant for cars are "instant" and not granted by a judge, or there is a judge always on duty, i don't remember at this time but the cops cannot search you, your property, your house, your car, nothing unless they have a warrant plain and simple... or if you give them permission.. lemme sum it up..

the only two ways a cop can legally search you or your possesions and such is with...
a. your permission
b. a warrant

period.

Probable cause, it sucks I know. Even if searching you for probable cause due to smell may be illegal it can most definately be twisted against you to make it legal. It is on-par with a cop stopping you for speeding and spotting and open alcohol container in your car, or better yet (for this example) smelling it on your breath.

no they cant search your car unless new laws were passed....they have to have a warrant.......

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Originally Posted by P.E.N.G.U.I.N.

Probable cause: A reasonable suspicion that a crime is being committed, will take the place of a warrant in most, but not all cases, and probable cause only works with the crime the officer thought was being committed. He can't search your bedroom for drugs if he sees you possibly hitting a pipe through your kitchen window. He can get a warrant and come back, though.

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are you saying that if a cop pats you down bc he thinks you have a gun, then he cant arrest you for having weed?

They can search you if they arrest you and they can arrest you for many different reasons. If you have an outstanding speeding ticket, for example.

What these guys have said about
If they smell weed they can't search you w/o your consent.

That is bullshit. Have you ever heard of Probable Cause? Yes, it's a police clause that states that if the police do a visual search of your vehicle and see a gun under the seat or on the seat, see drugs, or smell the profound smell of marijuana, he can search your CAR. But to search YOU, he has to ask unless you STINK of ganja.

Dan
Probable cause dudes

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Originally Posted by Crispyfried

They can search you if they arrest you and they can arrest you for many different reasons. If you have an outstanding speeding ticket, for example.

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this much is true... but i doubt like if you got stopped for speeding they're going to arrest you if the car smells like weed just to find drugs... oh yea and intresting factoid... if you really wanna piss a cop off.. you can request to have a state trooper present durring any searching... wouldn't really help much but it would really aggervate the cop to have to wait for a state trooper to show up before they could begin searching.. i'd especially reccomend this to someone who got stopped for speeding and is in no way intoxicated or having anything illegal on them or their car...

dude i am so trying that when i get my license back that will be so sweet that ought to teach those cops to chase after me

ya, thats a good way to have the cop make sure he shows up in court.

What if you are walking down the street with like extremely red eyes?