Thomas Rogers
Well-Known Member
Thought this was "interesting"....
OT: How Do Deal With Police
- Thread starter Thomas Rogers
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Dallas Starr
Well-Known Member
whoa:blink:
Kerry Matthews
Well-Known Member
Yep, you do not have to consent to a search.
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Rich Stern
Well-Known Member
Yep, those are pretty much your rights in most places. Know them well.
Bart Adkins
Well-Known Member
FTP!
Bill V
Well-Known Member
It seems to contradict itself a bit....It says that your first line to the cops should be "I refuse to talk to you...", and then it goes on with six more paragraphs for you to recite to the cops. How can you say all that to them, if you're refusing to talk to them???
Chet 02
Well-Known Member
Of course, if you try to say them to the cop and slur your words alot, it might not be the best move.....
Wes Davis
Well-Known Member
Yeah I can just see some babbling drunk pulling that out of his pocket. LOL Here in Florida he would be arrested and booked on DUI charges the first word he slurred (probable/reasonable cause). Sure that may work if you didn't do anything wrong but then if you didn't do anything wrong why are you being questioned by the police. Clearly it is geared for drinking and driving and cops don't normally pull over sober people. If you were to happen to swerve for some crazy reason (not drinking) and a cop pulled you over for suspicion of DUI he would immediately realize you are stone cold sober within the first ten seconds of interacting with you and you would be on your way.
You don't have to consent to a search but your car and/or person will be searched if there's reason to believe you're involved in illegal activity. Such as the smell of beer or an open container in the car or anything else. And believe it or not, your car is actually impounded as a "courtesy" but usually you're asked if you can make arrangements with your vehicle and if you can't then it's impounded.
EddieS'04
In Memoriam 1950-2022
Here in Harris county, state of Texas if you refuse a sobriety test of any type, you are automaticly charged with DUI. It is up to you and your lawyer to convince otherwise. Your word against the cop, you wont win. If found guilty, you most likly will get the max, because you fought it...
If you are arrested for any reason, the police have the right to search you and your vehicle without asking for your concent.
If you are only stopped for a minor traffic violation the police cannot search you or your vehicle without probably cause. The easiest way to tell if they don't have probably cause is they will ask you if they can search your vehicle, although some may conduct a search without probable cause and without asking permission. Most people don't complain because they have done nothing wrong and the police don't find anything.
About 5 years ago, Willie Nelson was arrested my my home town police (Hewitt, TX) just off Interstate 35 for possession of Pot. He was sleeping while parked on the service road. When the officer looked into his car he saw what he claimed was a joint in the ashtray.
A few months later Willie was aquitted of all charges, because the officer did not have probable cause to search his vehicle. Seeing what appeared to be a joint was not sufficient probabl cause since the officer could not possibly have positively identify that the cigarette butt contained pot by just seeing it in the ashtray.
Now if that were you or me I suspect the result of that case would be very different.
...Rich
If you are only stopped for a minor traffic violation the police cannot search you or your vehicle without probably cause. The easiest way to tell if they don't have probably cause is they will ask you if they can search your vehicle, although some may conduct a search without probable cause and without asking permission. Most people don't complain because they have done nothing wrong and the police don't find anything.
About 5 years ago, Willie Nelson was arrested my my home town police (Hewitt, TX) just off Interstate 35 for possession of Pot. He was sleeping while parked on the service road. When the officer looked into his car he saw what he claimed was a joint in the ashtray.
A few months later Willie was aquitted of all charges, because the officer did not have probable cause to search his vehicle. Seeing what appeared to be a joint was not sufficient probabl cause since the officer could not possibly have positively identify that the cigarette butt contained pot by just seeing it in the ashtray.
Now if that were you or me I suspect the result of that case would be very different.
...Rich
A K
Well-Known Member
This is true in most states.
Search incident to a lawful arrest. Yes - Constitutionally allowed. And, don't forget the "inventory search." This creature allows police to fully search a vehicle to catalog the contents, so that they may avoid claims of theft, etc. when the vehicle is returned. Of course, anything illegal found during this is also admissible as evidence.
This is the curious thing. They *can* search without probable cause. However, evidence seized cannot be used in the prosecution's case in chief. If the defendant, however, raises an issue that implicates the evidence (hence, either keep the defendant from the stand or have the defense attorney limit the scope of the questioning), the illegally seized evidence can be used for impeachment of testimony.
It's good to see this tuition is going somewhere...
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Gavin Allan
Well-Known Member
Here's a video showing how to deal with the police:
Josh Langel
Well-Known Member
In FL, if you have a drivers license, you are automatically inclined to a sobriety test. It states in fine print at the bottom of the license.
A K
Well-Known Member
Actually, Q, as from my CrimPro outline:
3. Automobile Exception - if police have probable cause to stop an auto, they may search the entire car, including any closed containers in which they have probable cause to believe that evidence of a crime exists.
a) rationales:
(1) ready mobility - the car can be moved out of the jurisdiction before a warrant can issue
(2) lessened expectation of privacy in an auto - subject to extensive government regulation, open to public view, etc.
b) ex: in California v. Carney, the court held that a search of a parked motorhome without a search warrant was valid based on probable cause that marijuana was inside.
c) ex: in California v. Acevedo, the court held that closed containers in the trunk of a car may be searched based on probable cause that they contain particular evidence of a crime. (Note that this overrides the otherwise applicable “container doctrine†which requires a warrant to search closed containers that are not in an auto).
I believe the case forming the basic rationale for the probable cause / warrant exception is Carroll v. United States from the 1920s.
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Mike Wilson
Well-Known Member
Let me tell you all something my Son, Philip, related to me, on a recent traffic stop.
(He is the Maury Co, TN., Sheriffs Deputy they call T-N-T!):
He pulled a man over for "touching" the white line three times within one mile ("Cause
for a Stop", here in TN.). He walked up to the vehicle, all of the time seeing the man fumble
around the passenger compartment, (which gets an officer nervous, anyways).
Got up to the window of the vehicle, asked the man for his DL, POI, and REG, all of
which he had, and then proceeded to ask the man to step out of the vehicle.
The man asked, "Why?" Philip then said, "Well, Sir, it's not really the smell of freshly
sprayed cologne, or the smell of the "Big Red" chewing gum on your breath, it's
the smell of alcohol coming out of your body that has me concerned"!!!
They can smell it! You sweat it out of your pores! They are trained to detect this odor!
And all the man did by fumbling around his car for the cologne to spray, and the gum to
chew, was get the officer nervous!!!
(He is the Maury Co, TN., Sheriffs Deputy they call T-N-T!):
He pulled a man over for "touching" the white line three times within one mile ("Cause
for a Stop", here in TN.). He walked up to the vehicle, all of the time seeing the man fumble
around the passenger compartment, (which gets an officer nervous, anyways).
Got up to the window of the vehicle, asked the man for his DL, POI, and REG, all of
which he had, and then proceeded to ask the man to step out of the vehicle.
The man asked, "Why?" Philip then said, "Well, Sir, it's not really the smell of freshly
sprayed cologne, or the smell of the "Big Red" chewing gum on your breath, it's
the smell of alcohol coming out of your body that has me concerned"!!!
They can smell it! You sweat it out of your pores! They are trained to detect this odor!
And all the man did by fumbling around his car for the cologne to spray, and the gum to
chew, was get the officer nervous!!!
Jason McKinnon
Member
Not to mention that the smell of heavily sprayed cologne and other odors like that are what we call attempted "cover scents" that only make us more suspicious. The card in the original link is designed to be handed to an officer when you are stopped instead of being read by the offender. However, when I stop you and ask for your license and proof of insurance, if you hand me another card I'm going to hand it right back and tell you that it is not one of the items I asked for. And like most states, mine has an "Implied Consent" law that states that by simply accepting a driver's license or driving on our roadways, you are implying that you will consent to a state-administered test of your blood, breath, urine, or "other bodily substances" at an officer's request if you are arrested for DUI or involved in an accident with serious injuries. Refusal to do so results in an automatic suspension of your license for at least one year.
JayMcK,
Most states have similar laws that possessing a drivers license is your concent to a sobriety test.
As for a driver handing you a card, you might be wise to accept it since that is the only way some mute people have to communicate. Most police officers get rather upset if they stop someone for any reason and that person refuses to say anything to them. We all know that about 90% of all felony arrest were made possible due to minor traffic stops. Most of the time the police get suspicious of the suspect due to the seemingly innocent questions they ask....Where are you going, Where are you coming from, Who are the passengers in your vehicle, etc.
If someone refuses to speak to you and continues to hand you a card, as a public servant you are probably going to read the card if only out of curiousity, but more than likely you may be dealing with a mute.
...Rich
Most states have similar laws that possessing a drivers license is your concent to a sobriety test.
As for a driver handing you a card, you might be wise to accept it since that is the only way some mute people have to communicate. Most police officers get rather upset if they stop someone for any reason and that person refuses to say anything to them. We all know that about 90% of all felony arrest were made possible due to minor traffic stops. Most of the time the police get suspicious of the suspect due to the seemingly innocent questions they ask....Where are you going, Where are you coming from, Who are the passengers in your vehicle, etc.
If someone refuses to speak to you and continues to hand you a card, as a public servant you are probably going to read the card if only out of curiousity, but more than likely you may be dealing with a mute.
...Rich
Tom
