Right to an attorney before probable cause search of vehicle?
Wednesday, May 13th, 2009 at
4:21 pm
K. Thomas asked:
If you feel that a law enforcement officer is trying to use improbable cause to search your vehicle, do you have the right to put off the search until an attorney is present at the scene?
If you feel that a law enforcement officer is trying to use improbable cause to search your vehicle, do you have the right to put off the search until an attorney is present at the scene?
No. If you can find one who is willing to come to the scene and observe and advise, you are welcome to do so, but no law requires the cops to wait.
You can allow a search or you can allow the police to tow the car while they apply for a search warrant. You can demand the presence of an attorney before you provide any information. The car can’t.
No because when you refuse the search that automatically gives them probable cause they think you are hiding something because if you were not than you would let them search
No, you don’t. However, you can later speak to an attorney about it and if he can convince a judge that the authority of the search was not legal, anything seen or seized as the result of the search will be inadmissible. Just don’t get all ‘legal’ on the officer at the time, but tell him that you object to the search as you don’t think it is legally authorized. Then let him search away to his heart’s content. Good luck!!
You can stop a search at any time, but that may incur your being detained until a warrant is brought to the location, and yes you would have the right to have an attorney present during the search. I don’t know any attorney that would drive out to a roadside search with out expecting a large amount of money first. Police can do a non-invasive cursory search of the exterior of the vehicle with a K-9, but once the K-9 alerts, it becomes probable cause for more in-depth search.
That will probably get you a right or left hook from the roided out officer, and later he will say self defense after you took a poke at him.
no you cant they can do what they want…now that dosent mean the search was legal …anything ******* up as a result of the search could be qustioned in court and then throwen up
First off, it is probable cause. If you have a corner of a bag of weed showing, a few pills around , or an open beer bottle, that is probable cause . They can take you in and impound the car for a search.
You and the lawyer can argue in court that the cop did not have probable cause for a search, wether anything was found or not.
There is no legal requirement to proove innocence as bornalive suggests.
There is no such thing as improbable cause. What the officer was doing was conducting a warrantless search of the vehicle and no, you are not entitled to an attorney being present at the scene.
No. No such right. You do have a right to challenge the search in court though.
Also, if the Officers do have probable cause then you can’t stop the search like sommeone suggested. No warrant is required under the Carroll Doctrine (see Carroll v. United States).
You reserve ALL OF YOUR rights Waive none of them.
If the pig’s want to search your property, they’ll do it absent a warrant.
They’ll lie and state they had probable cause but that will be up to
another panel of judges, won’t it?
You have your fifth amendment right to NOT be a witness against yourself, a fourth amendment right to be secure in your personal property where ever it may be found. Then, you can come with your own instant crminal complaint and shove the law right up their $@!%
$#@# !!!!!
Remember, the pig’s are simply trolling for information that they will try and trick you to give them. Phuc that!!! keep your mouth shut, don’t say anything, and shut up!!! That fifth amendment is only as effective as your ability to shut up !!!
Americans’s actally have over 1100 rights and privileges
if they can articulate them when needed to do so.
How ’bout that!!!