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Legality Question

GSXR750

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Say you're driving around and carrying an unopened package that was addressed and mailed to you.The package contains steroids, machine guns, needles.....anything you're not supposed to have. A cop pulls you over and you agree to let him search. Legally (with no probable cause)is he/she allowed to open that package?
 
not without a search warrant... But if u "agree" to let him search your car... the package is inside your car... so yeh u could get busted.
 
Once you give him consent to search,everything is fair game.Even unopened packages.
 
What if I say to the cop to not search my car just because I don´t want to.
 
Originally posted by Vieope
What if I say to the cop to not search my car just because I don´t want to.
Then he will get a search warrant.Because he thinks you are hiding something
 
Originally posted by supertech
Once you give him consent to search,everything is fair game.Even unopened packages.

Even though it is unopened mail?
It is a felony in my state (FL)to open other peoples mail. Do police have authority to open the package or do they need special warrant/probable cause ->(dogs) just for package.

DG ?
 
Well in the first place, why in the HELL would you ever consent to a cop searching your car for any reason? Even if you have nothing illegal in your car, you never consent, it's none of their damn business. As long as you don't tell him you've been to a bar or you have guns in your car or something like that, you should be fine. For God's sakes though man never consent to a police search.
 
Hypothetical question.

Originally posted by RCfootball87
For God's sakes though man never consent to a police search.
Yeah, I know. Make em' work for our tax dollars
 
The fact is if a cop wants to search your car, he will. Consent or not.
 
Originally posted by RCfootball87
I hate cops.

I think the majority pretty much suck, but there are a few good ones out there that actually want to help people, very few though.
 
I'm asking the legality (in any state)

Originally posted by PreMier
The fact is if a cop wants to search your car, he will. Consent or not.

If he decides to search (for shits and giggles) won't hold up in court.
 
i cant remember the precedent on this one but it would be the same as a brief case if u guys realy want me to find that case i will be more that happy too
 
Originally posted by GSXR750

If he decides to search (for shits and giggles) won't hold up in court.

Thats not what I meant. If you say "no" and he thinks you have something, he can detain you untill he gets permission. Also just saying "no" could give probable cause. Its a fuct up situation.
 
Dg is the fuzz and a pretty nice guy. I bet he would know the answer to your quandry. I would bet, just like Premier said, if he wants in, he gets in.

One time I got pulled over for swerving while driving. The cop pulled me over and asked me if I had been drinking. I said no, I just dropped a french fry on my crotch and it burned. I prolly could have sued McDonalds for a million for that. Anyway, he asked me if he could search my car and I said sure, why the hell not. He never did the search, but I had nothing in there anyway. I should have just told him no and wasted his time.
 
i can't imagine a cop calling aa ADA to wake up some judge for her to sign a search warrant at 3 oclock in the morning. But if they want in, i can see them getting in no matter how long they have to choke you out in the back seat.:) Cops take a lot of flak for this sort of shit even though only a few bad ones to it.

this is probably an american issue more so that a canadian issue. you worry more about civil liberties and such. probably because you had them and then are having them taken away from you lock stock and barrel. maybe because you have a million guns under the front passenger seat and a headless torso of a prostitute in the trunk. *
or something like that :D

In Canada, we know that we dont' have civil liberties and as such are essentially screwed if a cop ever pulls us over. if we are pulled over, we offer the cop a pen to write the ticket with! if you are drunk and you give them attitude, the rule of thumb ( there's that thumb again ) is for the police officers to drive you to a point 5 miles from the city limits and throw you into a snow bank to freeze. it's really fun to do this in the winter, especially in winnepeg when it's 40 degrees below zero. this one way taxi drive out of town works for native Indians, drunk, sober or anything in between.

* disclaimer- serial killing is not funny and should not be used as a joke. no prostitutes were harmed in the making of this post.
 
THIS IS NOT MY WORK

This was left at another site. seems pertinent. again, I DID NOT COME UP WITH THIS.
DISCLAIMER

This article does not constitute legal advice and it should not form the basis of any course of action. In all cases, consult with a duly accredited and licensed attorney in your state to determine the specifics of the law as applied to you (in your State). Neither the author nor the publisher intends this article to be anything but published for entertainment and educational purposes and affirm once again that this article is not offering legal advise.

..... LOTS OF OTHER INTERESTING STUFF. AND THEN THIS...

...Similarly, once the impounded vehicle is searched, even closed containers inside it may be subjected to a warrantless and probable-cause-less inventory search. But such warrantless inventory searches must satisfy two conditions: The police must follow standardized procedures, so that the person searching does not have unbridled discretion to determine the scope of the search; and
The police must not have acted in bad faith or for the sole purpose of investigation. (Example: If the arrest or impoundment took place just to furnish an excuse for a warrantless search, the inventory-search exception will not apply). (Colorado v. Bertine)
Don't make the mistake of thinking that every time the police validly stop a motorist, they may search that motorist's car. There are times when no warrantless search is allowed even though the stop was proper. In particular, if the officer properly stops a car to write a traffic ticket, and does not make an arrest, the officer is not allowed, merely by virtue of the stop, to search the car. This is true even if under local law the officer could have made a custodial arrest for the traffic violation. (Knowles v. Iowa) But, if the cop pulls you over for speeding and smells the odor of drugs, sees a gun on the passenger seat, or some pills on the dash board, that would probably be sufficient probably cause.
 
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in short if the cops asks to search your car you can say yes or no, it is up to you. If they tell you to get out they are going to search the car they can. Being that if they have probable cause can search with or w/o your consent. If they just have a hunch and no probable cause they have to ask and you dont have to let them, and whatever you do dont engage them in a conversation. Just answer the questions in a very short straight forward manner
 
I just talked to a friend of mine who is a retired cop. Here it goes. Unless you are on parole/probation, they can do nothing (legal) to force you to allow a search. If you do concent to a search, it is limited to the vehicle and does NOT include any sealed packages/containers. If the mailed package is sealed it requires a warrant. A cop can't even open a locked breifcase without a warrant regardless of weather or not he/she has permisson to search the vehicle. As previously stated, this is directly from a retired cop in California.
 
If you can find it, pick up a copy of "You & The Police!" by "Boston T. Party" The autor is a Libertarian extremist but most of what he says is true. Anyways it's all about your rights and porky's rights and all that. I think you have to get it online, cause barnes and noble would never carry it. Definetly worth reading over a few time, and very easy to find exactly what you're looking for. I should keep it in my car......
 
Originally posted by Prince
I think the majority pretty much suck, but there are a few good ones out there that actually want to help people, very few though.
I suppose I agree with that statement, but I've almost all the ones I've met.
 
I have had this happen once. I let them search because I knew I had nothing illegal and what is a few extra minutes of them tearing my car apart to possibly escape a ticket?

I got pulled for spinning wheels(I didn't do it) and the woman asked if she could search. She was already being a bitch so I decided to play cool and let her do it. Maybe she would let me go.

Meanwhile, an unmarked pulled in behind us. I was told to wait with him while she went through everything. We started talking about my car and engines and stuff. I asked him if they searched everybody they pull and they said yes. He said something like "for every 10 people we pull, 1 of them might have something illegal".

Well she finishes the car and then searches me. Finds nothing and lets me go. I believe if I had said "no", she would have gotten a warrant, searched anyway, AND given me a ticket for something I didn't even do. It is a gamble and usually doesn't work out for me but I try.

I really hate it though when I am polite and reserved, I get a ticket and a cop with a bad attitude. I really wish then I would have made their job harder. Ie. language, donut jokes, etc.
 
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