[QUOTE]Originally posted by honda606
[B]Then again with the good ol' Patriot Act they may be able to get around that charge claiming that you two are terrorists.

 

I'm only a 1st year in law school, and we haven't really covered any laws involved in your scenario. However, if they had probable cause I don't know if they have to ask to search. If you were technically in a park- which I am sure had closed much earlier in the day, and they saw a weapon, ( the bat ) then they might have had probable cause to search. This is just my hypothesis of what the law is in this case- I could be wrong. I'll try to hunt down a prof. in school tomorrow who can give me a definite answer.

 

moved to off-topic

 

Man! I gotta go clear stuff out of my car. I've been working on my car for a few weeks and have screw drivers, wire cutter, pliers, a knife, etc.... .....

Did they even ask you for an explanation?

Best of luck man!

 

Sorry, if they saw the bat from the outside of the car, that gives them the right to search the car.

The BB's & BB gun under the seat is just plain stupid. Why would you transport that under the seat instead of in the trunk, particularly when the "gun" and "ammo" are both in reach of the driver?

Let all of the armchair lawyering go to the wayside. If you have been charged with a crime either get a lawyer, or get one appointed to you by the State.

I am a little confused about the officer just opening up your door. That sure seems peculiar--what was the point of that?

More to the story, why did you have all of that stuff in the car??? You were camping and needed the BB gun, knife, and thought you may play some baseball along the way. Just in case any of these things broke out spontaneously you kept all of these items within reach instead of in the trunk. Either you guys weren't using your heads or you were up to no good.

 

Parking in a park is not a crime unless the park was closed. Police have no right to open your door without consent. Nor the right to search the vehicle. Clearly harassement accordingly to the way the story was told Get a lawyer, that's your best hope now.

 

[QUOTE]Originally posted by silverpdxs2k
[B]Sorry, if they saw the bat from the outside of the car, that gives them the right to search the car.

 

um, correct wicky can't search without warrant or consent nor open door or enter private property, EXCEPT

probable cause means not needing a warrant or consent to search.
police can aproach a stopped car in any public place for any reason just as you can be there. If they have questions they can ask them to you and if they see indication a crime has occurred or is about to they have probable cause. In this case the crime indicated was posession/transporting a weapon.

 

I agree with what you say gldneyes6, but I still don't see anything like an "assault weapon" which is why I call bs, plus they found these things AFTER illegally searching the car.

 

eh, I don't know, a bat to me at that time of night on the floor indicates buglary assault or damaging property (swinging at mailboxes, car windows, lights, etc), seeing a bat ordinarily there is not reason to believe that unless there are reports of damage in the area or a history of damage/burglary/assault with a bat, which ofcourse there could have been, but at night it's reasonable to think a crime might have occurred or is about to as a reasonable person doesn't have a use for a bat at night, doesn't mean a crime has occurred but gives them a cause