So all the law enforcement officer had that an individual was seen driving the same type of car as the suspect? That seems rather flimsy, but I'll defer to the actual member of the bar in this thread.
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So all the law enforcement officer had that an individual was seen driving the same type of car as the suspect? That seems rather flimsy, but I'll defer to the actual member of the bar in this thread.
And the fact I was not wearing my seat beltQuote:
Originally Posted by Marcus Bryant
Oh, I agree. Hence my question about whether the satisfied citizen had consented to the search.Quote:
Originally Posted by Marcus Bryant
But as bases for searches go, the stated basis for that search seems stronger to me than the "Well, we arrested you so now we get to rifle through your car to see if we can get you on anything else" basis.
Now that I think about it, me and a buddy were pulled over one late night in San Antonio. He pulled us over,looked in the car and said something like " we our looking for someone else,have a good night" That whole encounter took 30 seconds. No big deal. Glad they are looking.
sorry. i said no problem with the search and pic.Quote:
Originally Posted by FromWayDowntown
aren't they still allowed to search the car if the officer has reasonable suspicion that there are weapons on board?
they find this shit anyway during the inventory of the car after it's impounded.
And that's a substantial difference.Quote:
Originally Posted by jack sommerset
Without your consent, I'd think that search was unconstitutional, too.
Quote:
Originally Posted by Winehole23
I think that's what did it there. The car wasn't in his immediate control or possession. The officers had no reason to think that any evidence could have been destroyed nor any weapons retrieved from the vehicle.
Honestly I don't know why anyone would say "no" especially knowing the police are video tapping the entire encounter. Officer Powell learned the hard way you can't just harass citizens.Quote:
Originally Posted by FromWayDowntown
Consent to search is always tricky. I've been asked a couple times for permission to search my car, and I've always felt like I was being coerced into it. If I let them search my car, they let me off with a warning (I usually get pulled over for gay shit like a dim headlight or no light on the license plate) and they get the chance to perhaps find something incriminating on me.
I feel that if I say no to a search then I get nailed with a fine. So it's kinda lose lose.
I guess in my case its a win/win. I did not stand in the way of his investigation and I did not get a ticket.Quote:
Originally Posted by jman3000
Now a ticket, that's what, 4 meals at Chili's, Outback, or Applebee's?
What are u talking about?Quote:
Originally Posted by Marcus Bryant
Freedom isn't free, 'tis true.
I still don't know what you are talking about but if you think I let someone search my car and take my picture to get out of a ticket, you are dead wrong. Never even crossed my mind. Like I said, I thought it was strange. Later on I found out why the officer did this. No big deal.
There are constant questions regarding the 4th amendment and what our rights really are. There are also constant questions as to what constitutes probable cause.Quote:
Originally Posted by Marcus Bryant
Random extra screenings with magnetometer wands occur quite regularly at the airport, on top of the initial luggage x-ray screenings.
I will of course defer to the Supreme Court's opinion on the matter, but I don't really see much of a difference between random car searches and random extra screenings at the airport.
You gain absolutely nothing by letting an officer search your car. Unless of course you were in my situation and felt that you had no choice.
you have no expectation of privacy at an airport. It's a massive public building and obviously, due to safety reasons, some concessions on the 4th amendment must be made.Quote:
Originally Posted by Blake
at the same time you have no expectation of privacy on the open road... but that applies to the plain view doctrine and dog searches. it's totally different in the obtrusivness of the searches. just like an 18 wheeler can be xrayed at a border checkpoint... it can't be torn apart inside out to look for something.
Thats a good point.Quote:
Originally Posted by Blake
Awesome ruling. This should be a pretty big slap in the face to random drug busts for someone having a joint in the ashtray or the like.
ExactlyQuote:
Originally Posted by jman3000
what's the difference of airport security checking your bag at the airport and a DPS officer checking your bag on the road?Quote:
Originally Posted by jman3000
At the airport you can take your bag, turn around, and leave.Quote:
Originally Posted by Blake
I'm fairly certain the airport building itself is not the reason for airport security.Quote:
Originally Posted by MannyIsGod
Nobody is forcing anyone to drive their car on a public street.Quote:
Originally Posted by baseline bum
They can walk to the airport.