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Posted: 4/3/2006 2:40:10 PM EDT
So a police officer can pretty much search your car as long as he has PC.

Lets say a cop sees a pistol shell on the floor of your car, can he search?

Seems like its never that easy because they always ask for consent?
Link Posted: 4/3/2006 2:41:17 PM EDT
Tag
Link Posted: 4/3/2006 2:46:17 PM EDT
So what happened?
Link Posted: 4/3/2006 2:47:15 PM EDT

Originally Posted By Danger_Close:
So what happened?



LOL nothing just trying to get a little better understanding.
Link Posted: 4/3/2006 2:48:36 PM EDT
Just a bullet/shell on the floor?
Why was the stop?
Is there a reported crime in the area/time?


On a clean stop, unless you're in DC, I doubt there would be PC for anything.
Link Posted: 4/3/2006 2:49:08 PM EDT
[Last Edit: 4/3/2006 2:54:23 PM EDT by mayday]

Originally Posted By 1911greg:
So a police officer can pretty much search your car as long as he has PC.

Lets say a cop sees a pistol shell on the floor of your car, can he search?

Seems like its never that easy because they always ask for consent?



Is it illegal to have a shell casing in your car? I think not...unless your'e in NJ or DC.

I think and unless a shooting JUST took place within a reasonable distance to where you were pulled over. Usually if there is sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions typical of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon, or drugs may be claimed as self-fulfilling proof of probable cause.
Link Posted: 4/3/2006 3:07:38 PM EDT

Originally Posted By mayday:

Originally Posted By 1911greg:
So a police officer can pretty much search your car as long as he has PC.

Lets say a cop sees a pistol shell on the floor of your car, can he search?

Seems like its never that easy because they always ask for consent?



Is it illegal to have a shell casing in your car? I think not...unless your'e in NJ or DC.

I think and unless a shooting JUST took place within a reasonable distance to where you were pulled over. Usually if there is sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. While some cases are easy (illicit drugs in plain sight, gunshots, a suspect running from a liquor store with a clerk screaming "help"), actions typical of drug dealers, burglars, prostitutes, thieves, or people with guilt "written across their faces," are more difficult to categorize. "Probable cause" is often subjective, but if the police officer's belief or even hunch was correct, finding stolen goods, the hidden weapon, or drugs may be claimed as self-fulfilling proof of probable cause.



Agreed. They only need reasonable suspicion to stop, which is a lower threshold than PC. They ask for consent because it eliminates the need for PC if you say yes. Most people consent and then say a quiet prayer that the officer won't find anything. But cops know where to look
Link Posted: 4/3/2006 3:19:31 PM EDT
so really if they are asking they probably dont have PC

and if they ask say no.
Link Posted: 4/3/2006 3:35:46 PM EDT
[Last Edit: 4/3/2006 3:36:54 PM EDT by highdraglowspeed]

Originally Posted By 1911greg:
so really if they are asking they probably dont have PC

and if they ask say no.



Not accurate. I always ask. If I see a dead guy in a car I will even try to get the owner of the car to give me a waiver in writing. I'll go in anyway. It just keeps everything clean. Just one less thing to fight over in court. Lawyers will try to supress anything they can. It's their job to fight for thier client.

The shell casing could be PC or not depending on a bunch of different things. I've searched on shell casings, and I've had the hey what kind of gun do you shoot conversations. Much depends on circumstance.

Need much more to go on than your blanket question to give you an answer.
This is a question better asked in Bros of the Shield forum. You'll get answers, you may or may not agree or like them. But you will get answers.

Think Elephant in a Match box. (guideline to searches)
Link Posted: 4/3/2006 3:38:59 PM EDT
hmmmmm, i think it should probably clean the brass off the floor of my car....

i've got a few rolling around in there that stuck to my boot as i was leaving the range....
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