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Old 11-30-2009, 06:44 AM
 
2,994 posts, read 5,772,802 times
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Ive been seeing cars pulled over on I-10 in Northern FLorida being searched while the Owner is standing outside unrestrained by a second Officer ; so im curious to know if the search can be done WITHOUT the Owners permission , and without a search warrant in the state of Florida ? Im not sure where to find this answer online so thought id ask here for people who know for sure . Thanks.
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Old 11-30-2009, 07:19 AM
 
1,468 posts, read 4,750,311 times
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Quote:
Originally Posted by 007.5 View Post
Ive been seeing cars pulled over on I-10 in Northern FLorida being searched while the Owner is standing outside unrestrained by a second Officer ; so im curious to know if the search can be done WITHOUT the Owners permission , and without a search warrant in the state of Florida ? Im not sure where to find this answer online so thought id ask here for people who know for sure . Thanks.
They probably said, "Can we look in your car"? and the owner having nothing to hide said "yes". It is no big deal if you are not doing anything. Saying no wil most likely get you a hassle. I have had my car searched. I look like a biker and get profiled all the time. I get stopped in airports and second looks anytime I am around cops. Thats just the way it is. I could not imagine being black or middle eastern, but I know how they feel.
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Old 11-30-2009, 09:40 AM
 
Location: Fuquay Varina
6,453 posts, read 9,814,509 times
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They cannot search your vehicle only because they want to. They must have your permission unless they have probable cause that there is something illegal there, ie they see a roach on the dash, or a baggie of drugs on the floor etc. At that point they can search your vehicle without permission.

If you do not give permission they can call in a drug dog and search it that way on the outside. If the dog alerts on the vehicle then they have probable cause to search the interior.
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Old 11-30-2009, 11:23 AM
 
2,994 posts, read 5,772,802 times
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Originally Posted by SVTLightning View Post
They cannot search your vehicle only because they want to. They must have your permission unless they have probable cause that there is something illegal there, ie they see a roach on the dash, or a baggie of drugs on the floor etc. At that point they can search your vehicle without permission.

If you do not give permission they can call in a drug dog and search it that way on the outside. If the dog alerts on the vehicle then they have probable cause to search the interior.
What if they make up a probable cause, like , they smell something funny inside the car when they pull you over or they claim you were not driving straight in the lane when you know full well you were ? What if they say there is probable cause but find absolutely nothing after a search ; what recourse does the Driver have ?
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Old 11-30-2009, 11:48 AM
 
26,585 posts, read 62,043,904 times
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Originally Posted by 007.5 View Post
What if they make up a probable cause, like , they smell something funny inside the car when they pull you over or they claim you were not driving straight in the lane when you know full well you were ? What if they say there is probable cause but find absolutely nothing after a search ; what recourse does the Driver have ?

None, and if there was nothing found, what does it matter? Just get on with your life.
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Old 11-30-2009, 02:00 PM
 
4,287 posts, read 10,768,500 times
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Quote:
Originally Posted by SVTLightning View Post
They cannot search your vehicle only because they want to. They must have your permission unless they have probable cause that there is something illegal there, ie they see a roach on the dash, or a baggie of drugs on the floor etc. At that point they can search your vehicle without permission.

If you do not give permission they can call in a drug dog and search it that way on the outside. If the dog alerts on the vehicle then they have probable cause to search the interior.
You are not obligated to wait for them to call a drug dog, and for him to show up.

If a cop asks to search your car, say "Am I free to leave?". and you will be able to leave (assuming he has no probable cause to keep you)


I wouldnt let the police search my car. Even though I dont do anything illegal. Besides the wasted time, it would be kind of humiliating to be standing on the street getting your car searched while people drive by and stare at you. You have your rights, might as well use them.
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Old 11-30-2009, 02:25 PM
 
1,135 posts, read 3,982,336 times
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Obviously, you have no experience with police.
You should be thankful for that and just keep doing what you are doing.
Police do whatever they want and dont have to answer to anybody in the real world.
Laws dont apply. Ever.
I hope you never have to find this out for yourself.
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Old 11-30-2009, 06:34 PM
 
2,994 posts, read 5,772,802 times
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Originally Posted by GiantRutgersfan View Post
You are not obligated to wait for them to call a drug dog, and for him to show up.

If a cop asks to search your car, say "Am I free to leave?". and you will be able to leave (assuming he has no probable cause to keep you)


I wouldnt let the police search my car. Even though I dont do anything illegal. Besides the wasted time, it would be kind of humiliating to be standing on the street getting your car searched while people drive by and stare at you. You have your rights, might as well use them.
Agree.
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Old 11-30-2009, 07:33 PM
 
1,468 posts, read 4,750,311 times
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Quote:
Originally Posted by GiantRutgersfan View Post
You are not obligated to wait for them to call a drug dog, and for him to show up.

If a cop asks to search your car, say "Am I free to leave?". and you will be able to leave (assuming he has no probable cause to keep you)


I wouldnt let the police search my car. Even though I dont do anything illegal. Besides the wasted time, it would be kind of humiliating to be standing on the street getting your car searched while people drive by and stare at you. You have your rights, might as well use them.
Your kidding right? Have you ever been on the receiving end with cops guilty or not. They are in charge and you better understand that right from the beginning. Cops shoot people and don't even get investigated. There is what you wrote and then there is the real world. I once got stopped for suspicious activity. I was just driving around a neighborhood like 3 in the morning waiting for my girlfriend to come home.

Next thing I know a cop is flashing me. I pull over and he begins asking me questions. I don't feel like being corporative, I give all yes and no answers. Next thing there are like a dozen cops there now. They pat me down and take my money asking where I got the money. I still won't give straight answers and just say it is mine.

They ask about my car and so on ending with, "You better not be lying to me boy". At that point I really don't care what they do since I haven't done a thing. They have me sit in the back of the police car handcuffed for maybe 15 minutes before letting me go. I used to know a lot of cops. They go to the shooting range all the time a fantasize about making the big arrest. Half are hopped up on steroids and can't wait till they get a chance to actually use that gun for real.

Once you make friends with a cop and they trust you, they will regale you with stories of how they hassle people and get off on it. Ever notice how cops only socialize with other cops? It is a fraternity. Unfortunately they are a necessary evil.
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Old 11-30-2009, 07:56 PM
 
2,930 posts, read 7,061,457 times
Reputation: 1389
Quote:
Originally Posted by GiantRutgersfan View Post
Besides the wasted time, it would be kind of humiliating to be standing on the street getting your car searched while people drive by and stare at you. You have your rights, might as well use them.
So what? You are worried about the opinion of some people who are never gonna see you again? They can stare all they want, big deal, I'm sure they won't recognize you the next day. I rather get rid of the cop asap before I get more upset, let him do the search than worry about what some unknown people think.
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