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Joined: Feb 2001
Posts: 509
Veteran CEG\'er
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Veteran CEG\'er
Joined: Feb 2001
Posts: 509 |
If you are going fast enough, it is considered reckless driving which I believe is enough cause for an officer to search your car if he or she believes that illigal activity such as drug consumption or a recent gas station holdup contributed to your lack of good judgement in your choice of vehicular velocity.
Werd.
don't drink and drive.
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Joined: Dec 2000
Posts: 1,960
Hard-core CEG'er
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Hard-core CEG'er
Joined: Dec 2000
Posts: 1,960 |
If a cop wants to look in my car, he's more than welcome. Why refuse and give him another reason to be pissed at me ? I have nothing to hide. 
Bless our servicemen & women overseas.
L.Cpl Ian Malone, 1st Battalion Irish Guards, R.I.P.
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Joined: Jul 2000
Posts: 4,397
b0x @dm1n
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b0x @dm1n
Joined: Jul 2000
Posts: 4,397 |
Originally posted by hetfield:
Originally posted by 1314:
Originally posted by Kremithefrog:
Sorry, you would think that speeding isn't probable cause, but it is. And even if you weren't speeding,,, they could make up some other probable cause thing. But speeding and any other traffic violation does equal probable cause.
Speeding is NOT probable cause to search a vehicle.
Yup.
http://law.freeadvice.com/general_practice/traffic_law/search_car_speeding.htm
40 over has to be reckless driving! Which I guaruntee is a serious enough offense to search the car. With that kind of speed he could have arrested you and imbounded your car. Had you passed another car while doing that speed you could have also been hit with wreckless endangerment.
-Andy
Andy W.
The problem with America is stupidity.
I'm not saying there should be a capital punishment
for stupidity, but why don't we just take the safety
labels off of everything and let the problem solve itself?
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Joined: Feb 2003
Posts: 839
Veteran CEG\'er
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Veteran CEG\'er
Joined: Feb 2003
Posts: 839 |
Originally posted by MarkO:
If a cop wants to look in my car, he's more than welcome. Why refuse and give him another reason to be pissed at me ? I have nothing to hide.
Because we're protected from it by a little thing called the "Bill of Rights".
But I probably wouldn't stop them, I have nothing to hide in my car and I'd want him to let me off easy.
The Spickle
New Car: Infra Red '04 FSVT
Former Car: Black '98 CSVT, #3137/6535 "The Unluckiest car.. ever"
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Joined: Dec 2000
Posts: 1,960
Hard-core CEG'er
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Hard-core CEG'er
Joined: Dec 2000
Posts: 1,960 |
Originally posted by SpliceVW:
Because we're protected from it by a little thing called the "Bill of Rights".
Fair enough. I doubt however if the bill of rights is there to for us to use just for the hell of it.
Bless our servicemen & women overseas.
L.Cpl Ian Malone, 1st Battalion Irish Guards, R.I.P.
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Joined: Feb 2004
Posts: 173
CEG\'er
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CEG\'er
Joined: Feb 2004
Posts: 173 |
MAN youre lucky! the FIRST time i ever got pulled over i got $1500/6 tickets/enough points to keep me from driving forever and a court date for 92 in a 55, and one of the tickets was for "no registration" when i handed the cop my registration he just threw it at me and said "thats not registration"
got it knocked down to $300/5 points in court, but still...youre lucky.
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Joined: Jan 2004
Posts: 185
CEG\'er
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CEG\'er
Joined: Jan 2004
Posts: 185 |
Originally posted by Kremithefrog:
Sorry, you would think that speeding isn't probable cause, but it is. And even if you weren't speeding,,, they could make up some other probable cause thing. But speeding and any other traffic violation does equal probable cause.
Had a buddy who blew a head gasket a couple nights ago. car was smoking like crazy, and his friend was pushing it off the highway. The cop then frisked them both, looked through the driver's wallet, searched the car and tried to ticket him for failure to signal (the cop had to tell him to turn off the blinker to begin with). He has some definate legal action to take. How is a smoking car probable cause to be an a$$?
God graced us with intelligence, let's use it.
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Joined: Jan 2001
Posts: 2,118
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jan 2001
Posts: 2,118 |
Originally posted by Kremithefrog:
Sorry, you would think that speeding isn't probable cause, but it is. And even if you weren't speeding,,, they could make up some other probable cause thing. But speeding and any other traffic violation does equal probable cause.
Hello!! This is someone speaking here who worked traffic every night for 3 months with a full time drug enforcement officer, with a drug dog!!!! It was our job to find probable cause to search for drugs, as this highway is a HUGE drug running area. Speeding alone is NOT NOT NOT NOT probable cause!!! If we wanted to search the car that bad, we would have run the dog on it, IF AND ONLY IF THE DOG HIT ON THE CAR DID WE HAVE PROBABLE CAUSE. Dont try and come here with your teenage rebel anti-cop B.S., trying to make it sound like cops are the bad guys here. In order to have probable cause, you have to be able to prove in court that you could reasonable summize that a crime has been or will about to be committed. Speeding does not constitute probable cause.
"Moore has also accused the American people of being the stupidest, most naive people on the face of the Earth. And after last weekend, he's got the box office numbers to prove it!"
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Joined: Jan 2001
Posts: 2,118
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Jan 2001
Posts: 2,118 |
Originally posted by Andy W.:
Originally posted by hetfield:
Originally posted by 1314:
Originally posted by Kremithefrog:
Sorry, you would think that speeding isn't probable cause, but it is. And even if you weren't speeding,,, they could make up some other probable cause thing. But speeding and any other traffic violation does equal probable cause.
Speeding is NOT probable cause to search a vehicle.
Yup.
http://law.freeadvice.com/general_practice/traffic_law/search_car_speeding.htm
40 over has to be reckless driving! Which I guaruntee is a serious enough offense to search the car. With that kind of speed he could have arrested you and imbounded your car. Had you passed another car while doing that speed you could have also been hit with wreckless endangerment.
-Andy
Some states to have wreckless driving on its own. For example in OK, 25 or more is wreckless driving, but its no different than a 24 over.
"Moore has also accused the American people of being the stupidest, most naive people on the face of the Earth. And after last weekend, he's got the box office numbers to prove it!"
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Joined: Feb 2001
Posts: 1,756
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Feb 2001
Posts: 1,756 |
Originally posted by 99blacksesport:
Speeding alone is NOT NOT NOT NOT probable cause!!!
Thanks. I guess I didn't use enough NOT's. 
Originally posted by Andy.W:
Which I guaruntee is a serious enough offense to search the car.
The seriousness of an offense does not give an officer the right to search without probably cause. Reckless driving would not constitute a reason to go into a locked glovebox, for example. But, if he would have been arrested, an "inventory" would have been conducted, not a search.
Of course, if he suspected drugs or something else as a reason for the reckless driving, he may be able to articulate the reasoning for a search. But that's a different story.
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