Posted: 6/24/2011 12:48:42 PM EDT
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I just arrived in Vegas from San Diego and saw 4 vehicles pulled over with "Electric Daisy Carnival" "EDC here we come!" crap on their back windshield. With all the news about drug overdoses pertaining to the event, would that be probable cause to search the vehicle for an informed CHP or NHP officer?
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Because of the automobiles’ mobility, law enforcement does not need a search warrant to search a vehicle if they have probable cause to believe that the vehicle contains contraband or evidence of a crime. Law enforcement officers can search the entire vehicle, including the truck and all containers within the vehicle that might contain the object for which they are looking for.
Also, a law enforcement officer does not need a warrant if the contraband or evidence of a crime s in plain view; or, the person (the driver) consents to the search. Does a "Electric Daisy Carnival" bumper sticker give law enforcement enough probable cause to search a vehicle; no way! So who knows what was going on? The usual chain of events is: the law enforcement office stops the vehicle for some equipment or moving violation, identifies the driver, and then asks for consent to search the vehicle (You do want to be cooperative don’t you? You do not have anything to hide do you? Help me do my job! etc.) Contraband is found and everything goes south from there! Best to just keep driving on! 
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Quoted:
Because of the automobiles’ mobility, law enforcement does not need a search warrant to search a vehicle if they have probable cause to believe that the vehicle contains contraband or evidence of a crime. Law enforcement officers can search the entire vehicle, including the truck and all containers within the vehicle that might contain the object for which they are looking for. Also, a law enforcement officer does not need a warrant if the contraband or evidence of a crime s in plain view; or, the person (the driver) consents to the search. Does a "Electric Daisy Carnival" bumper sticker give law enforcement enough probable cause to search a vehicle; no way! So who knows what was going on? The usual chain of events is: the law enforcement office stops the vehicle for some equipment or moving violation, identifies the driver, and then asks for consent to search the vehicle (You do want to be cooperative don’t you? You do not have anything to hide do you? Help me do my job! etc.) Contraband is found and everything goes south from there! Best to just keep driving on! I'm no lawyer (but I did stay at a holiday inn in the last month - no really) and I think you're confusing having a reason to stop someone (tail light, dark tint, etc) with the ability to search a vehicle. I do not believe that LEO can search a vehicle without your consent even if they have probable cause. Now that PC might be enough for them to hold you on the roadside while they get a warrant. But without that warrant or your permission, the cop cannot search your vehicle. Now I don't know the rules on contraband in plain sight, but if you're that dumb to have drugs laying on the front seat, you deserve to go to jail for just being that stupid. But if a cop wants to look in your trunk or under the seats, he needs a warrant. |
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I just arrived in Vegas from San Diego and saw 4 vehicles pulled over with "Electric Daisy Carnival" "EDC here we come!" crap on their back windshield. With all the news about drug overdoses pertaining to the event, would that be probable cause to search the vehicle for an informed CHP or NHP officer? In theory, or in practice? In theory, no. In practice, any cop can fake up probable cause, all they have to do if challenged is lie. Any defendants word is suspect, any cops word is revered. Not what our constitution mandates, but our "Laws" are now mostly enforced as a for profit endeavor. Illegal alien moochers will be ignored where a citizen with assets WILL be prosecuted and fined or jailed, their assets taken. No "Justice" involved, just money grabbing by "Our" Gov./Courts. Too many laws are selectively enforced to retain any belief in "the system" and it's alleged impartiality. Better stop now, I could get a real rant going here. |
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Illegal alien moochers will be ignored where a citizen with assets WILL be prosecuted and fined or jailed, their assets taken. Like the transient panhandlers that work the Eastern/215 off-ramp working drivers for an average of $20/hour when you have the illegals standing 25 yards away in front of the nursery looking to do any menial labor for $10/hour? I've handed out plenty of solicitation from roadway citations. |
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Because of the automobiles’ mobility, law enforcement does not need a search warrant to search a vehicle if they have probable cause to believe that the vehicle contains contraband or evidence of a crime. Law enforcement officers can search the entire vehicle, including the truck and all containers within the vehicle that might contain the object for which they are looking for. Also, a law enforcement officer does not need a warrant if the contraband or evidence of a crime s in plain view; or, the person (the driver) consents to the search. Does a "Electric Daisy Carnival" bumper sticker give law enforcement enough probable cause to search a vehicle; no way! So who knows what was going on? The usual chain of events is: the law enforcement office stops the vehicle for some equipment or moving violation, identifies the driver, and then asks for consent to search the vehicle (You do want to be cooperative don’t you? You do not have anything to hide do you? Help me do my job! etc.) Contraband is found and everything goes south from there! Best to just keep driving on! I'm no lawyer (but I did stay at a holiday inn in the last month - no really) and I think you're confusing having a reason to stop someone (tail light, dark tint, etc) with the ability to search a vehicle. I do not believe that LEO can search a vehicle without your consent even if they have probable cause. Now that PC might be enough for them to hold you on the roadside while they get a warrant. But without that warrant or your permission, the cop cannot search your vehicle. Now I don't know the rules on contraband in plain sight, but if you're that dumb to have drugs laying on the front seat, you deserve to go to jail for just being that stupid. But if a cop wants to look in your trunk or under the seats, he needs a warrant. I am a retired law enforcement officer from a department here in Nevada. After retirement I did go to William S. Boyd Scholl of Law at UNLV and I am currently a practicing attorney here in Nevada (Criminal Law, Civil Torts, and Governmental Affairs). So with my legal training and experience; NO, I am not confusing having a reason to stop someone for an equipment or moving violation with the ability to search a vehicle. A law enforcement officer can search your vehicle without your consent IF they have probable cause. I am not going to get into an argument with a lay person over these legal points. If you do some research on the Internet, there are plenty of criminal law / attorney websites that have some information about this subject. http://www.theppsc.org/forums/showthread.php?t=2071 http://research.lawyers.com/Nevada/Criminal-Process-in-Nevada.html http://www.draskovich.com/Criminal-Law_CC.shtml?focus=3 As you can tell by looking at just these three websites, you are big time wrong about what law enforcement can and cannot do! But hey, that is ok with me because it is guys like you who think they know – but do not – that keeps me and my fellow attorneys in practice! 
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| They can search a vehicle using Officer Safety but that is usually limited to items within reach inside the cabin of a vehicle. If driver does not give consent to a road side search then they can bring in a drug dog. If doggie barks...then they can open up your trunk as they have PC. |
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Because of the automobiles’ mobility, law enforcement does not need a search warrant to search a vehicle if they have probable cause to believe that the vehicle contains contraband or evidence of a crime. Law enforcement officers can search the entire vehicle, including the truck and all containers within the vehicle that might contain the object for which they are looking for. Also, a law enforcement officer does not need a warrant if the contraband or evidence of a crime s in plain view; or, the person (the driver) consents to the search. Does a "Electric Daisy Carnival" bumper sticker give law enforcement enough probable cause to search a vehicle; no way! So who knows what was going on? The usual chain of events is: the law enforcement office stops the vehicle for some equipment or moving violation, identifies the driver, and then asks for consent to search the vehicle (You do want to be cooperative don’t you? You do not have anything to hide do you? Help me do my job! etc.) Contraband is found and everything goes south from there! Best to just keep driving on! I'm no lawyer (but I did stay at a holiday inn in the last month - no really) and I think you're confusing having a reason to stop someone (tail light, dark tint, etc) with the ability to search a vehicle. I do not believe that LEO can search a vehicle without your consent even if they have probable cause. Now that PC might be enough for them to hold you on the roadside while they get a warrant. But without that warrant or your permission, the cop cannot search your vehicle. Now I don't know the rules on contraband in plain sight, but if you're that dumb to have drugs laying on the front seat, you deserve to go to jail for just being that stupid. But if a cop wants to look in your trunk or under the seats, he needs a warrant. I am a retired law enforcement officer from a department here in Nevada. After retirement I did go to William S. Boyd Scholl of Law at UNLV and I am currently a practicing attorney here in Nevada (Criminal Law, Civil Torts, and Governmental Affairs). So with my legal training and experience; NO, I am not confusing having a reason to stop someone for an equipment or moving violation with the ability to search a vehicle. A law enforcement officer can search your vehicle without your consent IF they have probable cause. I am not going to get into an argument with a lay person over these legal points. If you do some research on the Internet, there are plenty of criminal law / attorney websites that have some information about this subject. http://www.theppsc.org/forums/showthread.php?t=2071 http://research.lawyers.com/Nevada/Criminal-Process-in-Nevada.html http://www.draskovich.com/Criminal-Law_CC.shtml?focus=3 As you can tell by looking at just these three websites, you are big time wrong about what law enforcement can and cannot do! But hey, that is ok with me because it is guys like you who think they know – but do not – that keeps me and my fellow attorneys in practice!
Dude, if I'm wrong, I have no problem admitting it. But you don't have to be a snotty asshole about it. It was my understanding that s warrant was needed to search a vehicle without consent. If that's not the case, how does it pass the 4th amendment? Now I do understand if there special circumstances where the cop thinks a crime is in progress or they have PC that a dead body or kidnapped child is in the trunk or something. But I didn't think a Cop could search a vehicle for something mundane like drugs or weapons during a traffic stop without a warrant EVEN IF they have PC. I thought they could detain the driver on the roadside for the time it took to obtain a warrant based on that probable cause. But I thought they could not enter the vehicle until the warrant arrive on scene. |