Confused

[spartan1980]

My younger brother was recently pulled over for reckless driving in a private Safeway parking lot. The plaza has their own security on hand and the cops aren't exactly asked to patrol there, though they often do.

Now this is the story he sent me on My Space, I fixed up his grammar a little bit, but the rest is unmodified:

"Since I drive the manual car and I don't like slowing down over speed bumps, so I was swerving around them and my tires were screeching which attracted the cop's attention. After asking me for my license and registration, he asked me to get out of my vehicle, frisked me, and searched my vehicle, without my consent. I don't believe my "reckless driving" to be evident enough to be probable cause for searching my vehicle, but I don't know my rights, or whatever. The officer found cigarettes in the car, and cited me for them. (He's 17) Now I have to go to some stupid class on Saturday. I always thought the cop just destroys them after catching you, he actually gave them back to me intact."

So my questions are:
Was his reckless driving enough "probably cause" to allow the officer to search his vehicle? (Keep in mind, the cigarettes weren't in plain view, they were under a seat, but I also know how my brother drives, so I'm not really doubting it.)

And secondly:
Is it actually illegal for a minor to posses cigarettes, or is it just illegal for someone to purchase/supply them to one?

He lives in California, with my parents. I'm glad he learned his lesson, though.

Thanks in advance, I just wanted to find the truth so he'd stop bugging me about it.

[MP_Steve]

My younger brother was recently pulled over for reckless driving in a private Safeway parking lot. The plaza has their own security on hand and the cops aren't exactly asked to patrol there, though they often do.

Now this is the story he sent me on My Space, I fixed up his grammar a little bit, but the rest is unmodified:

"Since I drive the manual car and I don't like slowing down over speed bumps, so I was swerving around them and my tires were screeching which attracted the cop's attention. After asking me for my license and registration, he asked me to get out of my vehicle, frisked me, and searched my vehicle, without my consent. I don't believe my "reckless driving" to be evident enough to be probable cause for searching my vehicle, but I don't know my rights, or whatever. The officer found cigarettes in the car, and cited me for them. (He's 17) Now I have to go to some stupid class on Saturday. I always thought the cop just destroys them after catching you, he actually gave them back to me intact."

So my questions are:
Was his reckless driving enough "probably cause" to allow the officer to search his vehicle? (Keep in mind, the cigarettes weren't in plain view, they were under a seat, but I also know how my brother drives, so I'm not really doubting it.)

And secondly:
Is it actually illegal for a minor to posses cigarettes, or is it just illegal for someone to purchase/supply them to one?

He lives in California, with my parents. I'm glad he learned his lesson, though.

Thanks in advance, I just wanted to find the truth so he'd stop bugging me about it.

Reckless driving is a misdemeanor. Was he placed under arrest?

[spartan1980]

Reckless driving is a misdemeanor. Was he placed under arrest?

No, he got off with just the cigarette citation because he was cooperative and respectful with the officer.

Doesn't quite answer my question, though.

[Signal4]

Were not there, and cannot offer answers with just your Brother's version, as a Judge would not either.

As far as the Cigs... here in NC it is illegal for a minor to accept receipt; having the Cigs is enough, the accepting receipt of the Cigs are a given.

[spartan1980]

Were not there, and cannot offer answers with just your Brother's version, as a Judge would not either.

As far as the Cigs... here in NC it is illegal for a minor to accept receipt; having the Cigs is enough, the accepting receipt of the Cigs are a given.

Well, I'd still like to know about probable cause issue. Can a police officer search your vehicle without your consent or a probable cause?

[Samuel]

Reckless is arrestable and your "brother" was "searchable". Also, Illegal for minor to possess tobacco products. Period. :rolleyes:

[Legoate]

Well, I'd still like to know about probable cause issue. Can a police officer search your vehicle without your consent or a probable cause?

No, a police officer cannon search your vehicle without either consent or probable cause (with a few exclusions). However, being stopped for reckless driving is more than enough cause to search the vehicle. Your brother sounds like an idiot, who drives like an idiot, and smokes like an idiot. He got a break and now he's posting a whining rant on Myspace causing you to repost his whining rant here.

The two of you need to get over your self of entitlement and just figure out that if you break the law, the police WILL act. Sometimes we are required to act as mommy and daddy since they apparently do not have the ability to control his behavior.

This is why I don't give breaks. I would have towed his car, booked him into juvenile hall, and booked his cigarettes as evidence.

[Swat1]

"Now I have to go to some stupid class on Saturday."

I'm glad he learned his lesson, though.

Really? Doesn't sound to me like he learned anything. It's all a big inconvenience to him.

Swat1*

[TX-LEO]

My younger brother was recently pulled over for reckless driving in a private Safeway parking lot. The plaza has their own security on hand and the cops aren't exactly asked to patrol there, though they often do.

.

Dont need to read any further. The parking lot is a public place.

[spartan1980]

Reckless is arrestable and your "brother" was "searchable". Also, Illegal for minor to possess tobacco products. Period. :rolleyes:

Dont need to read any further. The parking lot is a public place.

Thanks.

[Samuel]

No prob. Check CA penal code 308(b)...

[Piggy]

Sounds like your brother is trying to blame everyone else for something he is 100% in the wrong.

The speed bumps are there for a reason, by swerving to miss them he's paying attention to not hitting the speed bumps which is distracting him from where he should be looking, ahead of him.

If he committed a crime in an Officer's presence, especially a misdemeanor which would be reckless driving, the Officer does not need a warrant or probable cause. He can search subsequent to the arrest, even if your brother was not taken into physical custody.

Possession of tobacco by a minor is illegal for a reason. I probably pay 3-4 times what I should be paying for my health insurance premiums because people who smoke.

Tell him to slow down, stop driving stupid, and quit smoking. That's better advice than how to get out of a ticket.

[mcsap]

I too like to go around those pesky speed bumps if I can but I dont do so by swerving and squealing my tires AKA Reckless Driving which is enforceable on a private lot that is open to the public.

[spartan1980]

Alright, thanks guys. Good to know.