Car search response

[nathanm]

Sorry, I don't mean to step on any toes. I ain't looking for 'law enforcement tactics', just the rights and legalities.

I guess what I was really wondering was if "there might be more" = probable cause? (I don't know if that's a law enforcement tactics question )
There was no marijuana odor around us, or in the car.
We're not potheads. Even with pot, pipe, grinder. I also have alcohol, shot glasses and a cocktail shaker but I'm not an alcoholic .....preaching to the choir aren't I...anyway...

And I didn't realize it would still be considered a 'traffic stop'. Though i'm not sure what that means for the officer's abilities to search a car or anything either? I do admit that I found it very weird that he took my keys and opened my car...

If either of those two questions can be answered without causing problems, that would be cool.

And thanks Texascop.

Actually, can I also ask: "vehicle searches do not require a warrant, due to their mobility." - what does that mean?

[G35 Mass]

This is not going to end well.

[Samuel]

IMO, if you're not smart enough to keep your pot, pipe, and grinder at home, you're demonstrating the relatively low intelligence level of a stereotypical pothead... From the story you told in the other thread, it sounds like the officer had every justification to do what he did, each step of the way.

Btw, it's poor form to start another thread regarding the same topic of a closed thread. If you have further questions, it would probably be a good idea to contact that moderator first...

[nathanm]

'Belton' and 'Gant' are important words here aren't they? I'll take it to an attorney...

[G35 Mass]

'Belton' and 'Gant' are important words here aren't they? I'll take it to an attorney...

Thanks for the chuckle.

[nathanm]

Thanks for the chuckle.

Chuckle why?
Unless I'm being real stupid, isn't Gant extremely similar? I'm not saying it's good for me, I'm just saying it probably answers a lot of my questions...

[mobrien316]

Actually, can I also ask: "vehicle searches do not require a warrant, due to their mobility." - what does that mean?

The Fourth Amendment specifies that the only searches permissable are those where a detached and neutral magistrate has signed a search warrant based on probable cause.

However, there are seven exceptions to the search warrant requirement. The motor vehicle exception is one of those seven. A search warrant is not needed to search a motor vehicle if there is probable cause to believe a search of the vehicle will yield contraband, criminal evidence, or fruits of a crime.

[scott715us]

'Belton' and 'Gant' are important words here aren't they? I'll take it to an attorney...

You really want to throw out a couple of court cases on a police forum to people who have applied the issues addressed in these (and similar) cases on a weekly basis? My advice, hire an attorney. You're just digging a deeper hole here. The search was good. You'll likely pay a $750 - $1500 retainer just to hear the same thing from an attorney, but be my guest.

[mcsap]

Maybe you are so used to your weed that you don't smell it anymore.

By all means , get a good $250 an hour lawyer , drop a grand or two on them. They have car and house payments too.

Oh and your other thread was closed so it is bad form to try to reopen an almost identical thread.

[marinepilot]

Btw, it's poor form to start another thread regarding the same topic of a closed thread. If you have further questions, it would probably be a good idea to contact that moderator first...

Oh and your other thread was closed so it is bad form to try to reopen an almost identical thread.

In fact, it's not just poor form here at RP, it's against the rules.

Thread closed for a SECOND time. As Samuel said, if you have further questions about it, contact the mod that originally closed your first thread.