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And the fact I was not wearing my seat belt
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 belt
Oh, I agree. Hence my question about whether the satisfied citizen had consented to the search.
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.
aren't they still allowed to search the car if the officer has reasonable su ion that there are weapons on board?
they find this anyway during the inventory of the car after it's impounded.
And that's a substantial difference.
Without your consent, I'd think that search was uncons utional, too.
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.
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 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.
Now a ticket, that's what, 4 meals at Chili's, Outback, or Applebee's?
What are u talking about?
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 cons utes probable cause.
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.
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.
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.
Exactly
what's the difference of airport security checking your bag at the airport and a DPS officer checking your bag on the road?
At the airport you can take your bag, turn around, and leave.
I'm fairly certain the airport building itself is not the reason for airport security.
Nobody is forcing anyone to drive their car on a public street.
They can walk to the airport.
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