Anyone been pulled over and had their car searched
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From: Wylie, TX
Originally Posted by __redruM,Jul 18 2007, 05:59 AM
So whats to stop the officer from saying he smelled MJ and faking probable cause. If he finds something, he was right, if not, what happens?
Corruption at its very finest.
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From: Rochester, NY
Originally Posted by MrBurner,Jul 17 2007, 06:08 AM
just because you don't do drugs doesn't mean you should give the cops full access to your car whenever they want it
one of my ccw class teachers was a part time judge/lawyer and he said he never consents to a search simply because he doesn't go do a full (cavity search type) clean his car every single time he has someone else in it - and as well as you know people, whats to say they didn't accidentally drop something - whats to say that you don't have something random that you didn't know about?
saying "i didn't know that was there officer" doesn't seem to hold up too well
just as this judge, i would never reccomend consenting to a search, especially if there is no valid reason - they can get a warrant if they have reasonable suspicion
i've never had a car searched but i was just curious if the secret compartment had been found by cops before
one of my ccw class teachers was a part time judge/lawyer and he said he never consents to a search simply because he doesn't go do a full (cavity search type) clean his car every single time he has someone else in it - and as well as you know people, whats to say they didn't accidentally drop something - whats to say that you don't have something random that you didn't know about?
saying "i didn't know that was there officer" doesn't seem to hold up too well
just as this judge, i would never reccomend consenting to a search, especially if there is no valid reason - they can get a warrant if they have reasonable suspicion
i've never had a car searched but i was just curious if the secret compartment had been found by cops before
I'm very friendly with the cops and it gets me out of tickets. Now I wave to most instead of getting pulled over like I used to. You be confrentational and i'll befriend them...
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From: Vancouver
Behind the seat center back piece would be a good place to hide things.
That said, here in BC, carrying a "reasonable" amount of
is "permissible". It's not technically legal, but it's so entirely commonplace and out-in-the-open (like, you see it in public on a very regular basis) that the police just don't care any more. As long as you aren't under the influence of it while driving, having a small quantity with you (up to a 1/4oz or so) will result in nothing more than confiscation.
I'm usually very nice to the police whenever they pull me over. I'm sure that it's gotten me out of plenty of (fairly minor) tickets in the past..
That said, here in BC, carrying a "reasonable" amount of
is "permissible". It's not technically legal, but it's so entirely commonplace and out-in-the-open (like, you see it in public on a very regular basis) that the police just don't care any more. As long as you aren't under the influence of it while driving, having a small quantity with you (up to a 1/4oz or so) will result in nothing more than confiscation. I'm usually very nice to the police whenever they pull me over. I'm sure that it's gotten me out of plenty of (fairly minor) tickets in the past..
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From: Columbia, SC
Originally Posted by Krenath,Jul 18 2007, 01:08 AM
Whenever possible, refuse to consent to all searches. Especially if you're innocent.
Using your refusal to consent to a search as grounds for a search because you're "acting like you have something to hide" is unconstitutional. It's "unreasonable search or seizure".
Currently, most officers who want to search your car to see if they can find something will argue that "If you don't have anything to hide, you shouldn't mind being searched." This is untrue. You should *especially* object to being searched if you *don't* have anything to hide.
If the officer doesn't have an actual cause to search you, he has no business doing so. If you're innocent, how can he truly have "probable cause"? If he *does* have an actual reason to search you, then he should have no trouble getting his warrant.
I don't have anything illegal on my person, in my house, in my car, or in my garage. Regardless, I don't feel like surrendering constitutional rights just to prove to some nosy busybody who happens to have a badge that I'm clean as a whistle.
Using your refusal to consent to a search as grounds for a search because you're "acting like you have something to hide" is unconstitutional. It's "unreasonable search or seizure".
Currently, most officers who want to search your car to see if they can find something will argue that "If you don't have anything to hide, you shouldn't mind being searched." This is untrue. You should *especially* object to being searched if you *don't* have anything to hide.
If the officer doesn't have an actual cause to search you, he has no business doing so. If you're innocent, how can he truly have "probable cause"? If he *does* have an actual reason to search you, then he should have no trouble getting his warrant.
I don't have anything illegal on my person, in my house, in my car, or in my garage. Regardless, I don't feel like surrendering constitutional rights just to prove to some nosy busybody who happens to have a badge that I'm clean as a whistle.
I couldn't agree more.
Originally Posted by Fuelrush @ Jul 18 2007, 03:35 AM
The more people that are clean that say no protects "other" people. If eveyone told them no they can't just assume your hiding something. I have nothing to worry about and I would tell them no. Unless shes hot then I consent. 
The point is to protect a constitutional right and minimize the opportunity of mistakes or corruption.
When more and more people freely start giving up their rights, everyone risks losing those rights.
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From: Westport, MA
Seeing this thread, I just had to comment since I am a police officer and a K9 handler for almost 2 years now. I won't get into my opinion on the illegality of narcotics, since that is really not the point here and we are all able to make our own choices. I also thought it was funny that everyone quoted the "99 problems" song but they left out the most important last line in that verse "we'll see how smart you are when the K9s come". 
First, there is case law called the "motor vehicle exception". Basically, what it means is that if an officer has probable cause to believe there is something illegal in the vehicle, he can search it immediately without a warrant or consent from the driver. The courts have allowed this due to the "inherent mobility" of cars. Probable cause can be obtained by various ways, most commonly, the officer sees paraphernalia or smells the odor of marijuana coming from the vehicle. Another way is to use the detection dog to sniff the exterior of the vehicle. An indication by the dog probable cause. The supreme court has ruled that the police do not need any reason to use a K9 on the exterior of the vehicle as long as it is already legally stopped (traffic violation etc) and that getting the dog there does not take an extraordinary amount of time so the person is not detailed longer than necessary.
About the dogs abilities... There may be a few K9s that have not been properly trained, and the powder/air fresheners/animal urine etc. may work. However, a properly trained dog, and I can speak from experience considering my dog and the 20 or so K9 teams I train with in my area, will not be fooled no matter what you do. A dogs nose is infinitely more powerful than the human nose. Dogs have the ability to separate smells from each other and have a large part of their memory based on smell. For a simple example, if someone is cooking a pot of beef stew and you walk in the room, you immediately recognize the sum of the ingredient odors to be beef stew. A dog smells each ingredient separately, carrots, potatoes, meat, pepper etc.. It is for this reason that the odor of narcotics cannot be masked by ANY other odor.
In training, we try everything we can to fool the dogs, this makes them better. we try putting hamburgers and anything else you can think of in the area to try to distract them. Vacuum sealing also does nothing. Frequently, shipments come through FedEx facilities and are alerted on by K9s. Most of the time, the people shipping it have gone to great lengths (greater than you would for your personal stash of grass) including vacuum sealing, putting a pocket of motor oil or some other strong fluid around the stuff and other assorted tricks. The just don't work on a properly trained animal.
One last bit to think of too is that as long as the officer has probable cause to be in the vehicle to begin with, any damage done by the K9 sniff is not the responsibility of the city. I always warn people of this before sending the dog in.
One last trick that I wanted to cover which does not work is the old decoy stash. I have seen it a lot where my partner will alert to an area. Upon hand searching a small amount of something is found like a roach or something. This has been placed there by the suspect to try to get the officers to say "oh, that's what the dog alerted to" and stop searching, when the actual big stash is nearby.
Hope that clears up some of the misconceptions. Feel free to ask any questions about this stuff.
First, there is case law called the "motor vehicle exception". Basically, what it means is that if an officer has probable cause to believe there is something illegal in the vehicle, he can search it immediately without a warrant or consent from the driver. The courts have allowed this due to the "inherent mobility" of cars. Probable cause can be obtained by various ways, most commonly, the officer sees paraphernalia or smells the odor of marijuana coming from the vehicle. Another way is to use the detection dog to sniff the exterior of the vehicle. An indication by the dog probable cause. The supreme court has ruled that the police do not need any reason to use a K9 on the exterior of the vehicle as long as it is already legally stopped (traffic violation etc) and that getting the dog there does not take an extraordinary amount of time so the person is not detailed longer than necessary.
About the dogs abilities... There may be a few K9s that have not been properly trained, and the powder/air fresheners/animal urine etc. may work. However, a properly trained dog, and I can speak from experience considering my dog and the 20 or so K9 teams I train with in my area, will not be fooled no matter what you do. A dogs nose is infinitely more powerful than the human nose. Dogs have the ability to separate smells from each other and have a large part of their memory based on smell. For a simple example, if someone is cooking a pot of beef stew and you walk in the room, you immediately recognize the sum of the ingredient odors to be beef stew. A dog smells each ingredient separately, carrots, potatoes, meat, pepper etc.. It is for this reason that the odor of narcotics cannot be masked by ANY other odor.
In training, we try everything we can to fool the dogs, this makes them better. we try putting hamburgers and anything else you can think of in the area to try to distract them. Vacuum sealing also does nothing. Frequently, shipments come through FedEx facilities and are alerted on by K9s. Most of the time, the people shipping it have gone to great lengths (greater than you would for your personal stash of grass) including vacuum sealing, putting a pocket of motor oil or some other strong fluid around the stuff and other assorted tricks. The just don't work on a properly trained animal.
One last bit to think of too is that as long as the officer has probable cause to be in the vehicle to begin with, any damage done by the K9 sniff is not the responsibility of the city. I always warn people of this before sending the dog in.
One last trick that I wanted to cover which does not work is the old decoy stash. I have seen it a lot where my partner will alert to an area. Upon hand searching a small amount of something is found like a roach or something. This has been placed there by the suspect to try to get the officers to say "oh, that's what the dog alerted to" and stop searching, when the actual big stash is nearby.
Hope that clears up some of the misconceptions. Feel free to ask any questions about this stuff.
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From: Rancho Palos Verdes, Ca.
Originally Posted by sireousrex,Jul 19 2007, 11:01 AM
Seeing this thread, I just had to comment since I am a police officer and a K9 handler for almost 2 years now. I won't get into my opinion on the illegality of narcotics, since that is really not the point here and we are all able to make our own choices. I also thought it was funny that everyone quoted the "99 problems" song but they left out the most important last line in that verse "we'll see how smart you are when the K9s come".
First, there is case law called the "motor vehicle exception". Basically, what it means is that if an officer has probable cause to believe there is something illegal in the vehicle, he can search it immediately without a warrant or consent from the driver. The courts have allowed this due to the "inherent mobility" of cars. Probable cause can be obtained by various ways, most commonly, the officer sees paraphernalia or smells the odor of marijuana coming from the vehicle. Another way is to use the detection dog to sniff the exterior of the vehicle. An indication by the dog probable cause. The supreme court has ruled that the police do not need any reason to use a K9 on the exterior of the vehicle as long as it is already legally stopped (traffic violation etc) and that getting the dog there does not take an extraordinary amount of time so the person is not detailed longer than necessary.
About the dogs abilities... There may be a few K9s that have not been properly trained, and the powder/air fresheners/animal urine etc. may work. However, a properly trained dog, and I can speak from experience considering my dog and the 20 or so K9 teams I train with in my area, will not be fooled no matter what you do. A dogs nose is infinitely more powerful than the human nose. Dogs have the ability to separate smells from each other and have a large part of their memory based on smell. For a simple example, if someone is cooking a pot of beef stew and you walk in the room, you immediately recognize the sum of the ingredient odors to be beef stew. A dog smells each ingredient separately, carrots, potatoes, meat, pepper etc.. It is for this reason that the odor of narcotics cannot be masked by ANY other odor.
In training, we try everything we can to fool the dogs, this makes them better. we try putting hamburgers and anything else you can think of in the area to try to distract them. Vacuum sealing also does nothing. Frequently, shipments come through FedEx facilities and are alerted on by K9s. Most of the time, the people shipping it have gone to great lengths (greater than you would for your personal stash of grass) including vacuum sealing, putting a pocket of motor oil or some other strong fluid around the stuff and other assorted tricks. The just don't work on a properly trained animal.
One last bit to think of too is that as long as the officer has probable cause to be in the vehicle to begin with, any damage done by the K9 sniff is not the responsibility of the city. I always warn people of this before sending the dog in.
One last trick that I wanted to cover which does not work is the old decoy stash. I have seen it a lot where my partner will alert to an area. Upon hand searching a small amount of something is found like a roach or something. This has been placed there by the suspect to try to get the officers to say "oh, that's what the dog alerted to" and stop searching, when the actual big stash is nearby.
Hope that clears up some of the misconceptions. Feel free to ask any questions about this stuff.
First, there is case law called the "motor vehicle exception". Basically, what it means is that if an officer has probable cause to believe there is something illegal in the vehicle, he can search it immediately without a warrant or consent from the driver. The courts have allowed this due to the "inherent mobility" of cars. Probable cause can be obtained by various ways, most commonly, the officer sees paraphernalia or smells the odor of marijuana coming from the vehicle. Another way is to use the detection dog to sniff the exterior of the vehicle. An indication by the dog probable cause. The supreme court has ruled that the police do not need any reason to use a K9 on the exterior of the vehicle as long as it is already legally stopped (traffic violation etc) and that getting the dog there does not take an extraordinary amount of time so the person is not detailed longer than necessary.
About the dogs abilities... There may be a few K9s that have not been properly trained, and the powder/air fresheners/animal urine etc. may work. However, a properly trained dog, and I can speak from experience considering my dog and the 20 or so K9 teams I train with in my area, will not be fooled no matter what you do. A dogs nose is infinitely more powerful than the human nose. Dogs have the ability to separate smells from each other and have a large part of their memory based on smell. For a simple example, if someone is cooking a pot of beef stew and you walk in the room, you immediately recognize the sum of the ingredient odors to be beef stew. A dog smells each ingredient separately, carrots, potatoes, meat, pepper etc.. It is for this reason that the odor of narcotics cannot be masked by ANY other odor.
In training, we try everything we can to fool the dogs, this makes them better. we try putting hamburgers and anything else you can think of in the area to try to distract them. Vacuum sealing also does nothing. Frequently, shipments come through FedEx facilities and are alerted on by K9s. Most of the time, the people shipping it have gone to great lengths (greater than you would for your personal stash of grass) including vacuum sealing, putting a pocket of motor oil or some other strong fluid around the stuff and other assorted tricks. The just don't work on a properly trained animal.
One last bit to think of too is that as long as the officer has probable cause to be in the vehicle to begin with, any damage done by the K9 sniff is not the responsibility of the city. I always warn people of this before sending the dog in.
One last trick that I wanted to cover which does not work is the old decoy stash. I have seen it a lot where my partner will alert to an area. Upon hand searching a small amount of something is found like a roach or something. This has been placed there by the suspect to try to get the officers to say "oh, that's what the dog alerted to" and stop searching, when the actual big stash is nearby.
Hope that clears up some of the misconceptions. Feel free to ask any questions about this stuff.
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Joined: Oct 2005
Posts: 11,920
Likes: 1
From: Rancho Palos Verdes, Ca.
And another thing...why do you peace officers feel it is necessary to trash a car, and not clean up after yourself? Didn't your mother ever teach you to clean up after yourself??? 
J/k
Nice write up, thank s for the info.
J/kNice write up, thank s for the info.