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Speak Up! - View Question #18 |
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Question: What if you are driving a car and a police officer pulls you over. He thinks that you have been smoking marijuana and requests to search my car. Does he have the right? Can I refuse him from searching my car? How far can a Police Officer use "probable cause" as an excuse to search/test/arrest me?
Answer: Yes, he or she can search your car. As a general rule, the police have quite expansive rights to search cars. In addition, if the officer 'thinks' you have been using drugs or alcohol, he or she will most likely have probable cause to search your car.
Probable cause exists when an officer, drawing on his or her experience as a police officer, believes that a search will find evidence of a crime. In this case, if the officer "thinks" you've been using drugs or alcohol, they have probable cause to believe that they will either find drugs or alcohol in the car or on your person.
If you refuse to allow the officer to search your car, he or she would most likely get a search warrant from a court and search it anyway.
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| Comments |
| 11 thru 15 of 23 comments |
On 02/19/04
mary ann from WI said:
What is the Probable cause. I mean I would still refuse a let them get a warrant, because I have always thought that you need a search warrant to search a car, your home,your person.I still think that, but do you think I'm wrong, comment tell other people and then get back at me becasue I need to do some more research!
Holla!
and good commmenting... bye!
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On 02/14/04
Lee from MO said:
Me and my buddy who is under 21 went to brown derby.. and I purchased some beers. After we left a car was following us for about 5 miles then got pulled over.. it was an undercover cop car. He saw that i purchased a fair amount of alcohol and also said that i failed to use my signal on one of the Many turns he was following me for. He then took our alcohol which was in the trunk! Any advice here?? Can a cop follow you for such a long period.. we were both sober.. any help will benefit thanks
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On 02/05/04
carl from IN said:
My comment is inreguards to the anwser to question number 25. The explaination you gave for the officers right to search is not correct. Part of what you said is true, if the officer has probable cause, then he can search. The officer needs more than a just susispion of a crime. To avoid from giveing the officer probable cause, never admit to drinking or doing any drugs. Make sure that there is no open container or parifanaila in plain sight. This is how you prevent the officer from haveing probable cause.
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On 06/22/03
mike from ID said:
The brainwashing of American youth has began. A police officer must have written the above "advice" because they alone have such little knowledge of every citizens constitutional rights. KIDS OF AMERICA, I encourage you to know your rights and exercise them. But please pick up a copy of the constitution and learn from it, not this very sorry excuse of a web page.
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On 06/02/03
ken from CA said:
You most certainly do have the right to invoke your fourth ammendment right by saying no. If you say no it legitimizes a later request for dismissal of evidence, if evidence is found. suppose a cop pulls you over for driving 5mph above the limit or even swerving within the lane. if you look like a "stoner" or suspicious he might ask to search you. which he can not do unless you consent to the search, waiving your rights.this right is protected under the fourth and fourteenth ammendments of the constitution. if you do say no and he searches the vehicle anyway the evidence may be dismissed under
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