The circumstances under which a cop can search your vehicle are lot more vast than your home. I think they are basically the same for the expectation of safety and security in your home, but not privacy. That is how it was explained to me.
" Your vehicle is an extension of your home ..."
- Thread starter dantheman
- Start date
The Best online firearms community in Louisiana.
Member Benefits:
Fewer Ads! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
The circumstances under which a cop can search your vehicle are lot more vast than your home. I think they are basically the same for the expectation of safety and security in your home, but not privacy. That is how it was explained to me.
Vehicle Search as explained by a Louisiana Attorney:
Vehicle Searches (the Automobile Exception)
Vehicles may be stopped if an officer has reasonable and articulable suspicion that the vehicle operator has violated a traffic law. Once the vehicle has been pulled over, and if the officer has probable cause to believe that illegal contraband, or the fruits, instrumentalities or evidence of a crime may be in the vehicle, the officer may search the vehicle and any container that might reasonably contain the item for which they had probable cause to search. For example, if you are pulled over in your car and the officer smells drugs or alcohol, they can take a look through the vehicle to search for drugs in easy places like the dashboard or a console. However, they cannot conduct a full, comprehensive search without a warrant.
‘Exigent’ Circumstances
The U.S. Supreme Court has upheld searches and seizures that may be justified by *exigent* (or pressing) circumstances. In determining whether pressing circumstances justified law enforcement action, the courts look at the totality of the circumstances, including the gravity of the underlying offense and whether the subject was fleeing and/or attempting to escape. Such circumstances as shots being fired or screams coming from a house have been considered *exigent* circumstances, thus allowing a warrantless search.
Consent
If consent is given by a person reasonably believed by an officer to have authority to give such consent, a warrant is not required for search and seizure. A law enforcement officer may ask if they can search your body, car or home—and they do not have to tell you that you have the right to decline. If you agree to the search, you have consented. Once you consent, anything law enforcement may find is admissible in court and can be used against you.
Plain View
There is no warrant requirement to seize evidence in plain view, if the law enforcement officer is legitimately in the location from which the evidence can be viewed. The same applies to your home. If the police are dispatched to your house for a noise violation or other complaint, and they have serious reason to believe that illegal activity is occurring or see criminal evidence in plain view, they can search your home.
Law enforcement needs necessary circumstances to conduct warrantless searches, but it does occur. If you believe that your rights have been violated and you’ve been the victim of an unlawful search or seizure, contact a local attorney and file a complaint with the offending law enforcement department. Cases may be taken to court, where a judge will decide if the officer had probable cause to conduct the search without a warrant.
*This article should not be considered legal counsel or legal advice.
Vehicle Searches (the Automobile Exception)
Vehicles may be stopped if an officer has reasonable and articulable suspicion that the vehicle operator has violated a traffic law. Once the vehicle has been pulled over, and if the officer has probable cause to believe that illegal contraband, or the fruits, instrumentalities or evidence of a crime may be in the vehicle, the officer may search the vehicle and any container that might reasonably contain the item for which they had probable cause to search. For example, if you are pulled over in your car and the officer smells drugs or alcohol, they can take a look through the vehicle to search for drugs in easy places like the dashboard or a console. However, they cannot conduct a full, comprehensive search without a warrant.
‘Exigent’ Circumstances
The U.S. Supreme Court has upheld searches and seizures that may be justified by *exigent* (or pressing) circumstances. In determining whether pressing circumstances justified law enforcement action, the courts look at the totality of the circumstances, including the gravity of the underlying offense and whether the subject was fleeing and/or attempting to escape. Such circumstances as shots being fired or screams coming from a house have been considered *exigent* circumstances, thus allowing a warrantless search.
Consent
If consent is given by a person reasonably believed by an officer to have authority to give such consent, a warrant is not required for search and seizure. A law enforcement officer may ask if they can search your body, car or home—and they do not have to tell you that you have the right to decline. If you agree to the search, you have consented. Once you consent, anything law enforcement may find is admissible in court and can be used against you.
Plain View
There is no warrant requirement to seize evidence in plain view, if the law enforcement officer is legitimately in the location from which the evidence can be viewed. The same applies to your home. If the police are dispatched to your house for a noise violation or other complaint, and they have serious reason to believe that illegal activity is occurring or see criminal evidence in plain view, they can search your home.
Law enforcement needs necessary circumstances to conduct warrantless searches, but it does occur. If you believe that your rights have been violated and you’ve been the victim of an unlawful search or seizure, contact a local attorney and file a complaint with the offending law enforcement department. Cases may be taken to court, where a judge will decide if the officer had probable cause to conduct the search without a warrant.
*This article should not be considered legal counsel or legal advice.
Thanks JBP.
dk.easterly
Well-Known Member
Seems to me you have no real clue and you're just spouting ignorance.
The law is simple.
Gator 45/70
Well-Known Member
Thanks' for the kind words' !
Gator 45/70
Well-Known Member
That's why I'm a charter member of The DAVE_M fan club, Thanks'
dk.easterly
Well-Known Member
Why is it when presented with facts and logic, people ignore and respond with bs?
I've had my vehicle searched twice, but according to the attorney an officer needs to have probable cause to do so. I've never smelled of weed or alcohol or was belligerent during the stop. What could possibly have been the probable cause? I assumed it was to meet some kind of search quota.
The FACTS are that police can search your car without a warrant. It seems everyone is on the same page but you.
Ahh see now your are asking specifics about the exclusive secret squirrel civilian rights violators club aka the Dave_M fan club. Tsk Tsk.
Oh you mean the DAVE_M Exclusive Super Secret Squirrel Derperator Rights Violators League of Bayou Shooter Club, LLC.
Also known as DMESSDRVLBSC, LLC. for short.
Admission is involuntary and I'll right your name in my black book, so that I can scan your classified ads and politely ask you to post pics as required by the advertisement rules.
dk.easterly
Well-Known Member
The FACTS are that police can search your car without a warrant. It seems everyone is on the same page but you.
Not without probable cause and if you deny the search.
Something neither of you seem to grasp.
Then again, I see your self proclaimed title as an armchair warrior and will no longer attempt any type of intelligent conversation.
Last edited:
While I agree, officers can come up with a probable cause easily that would be nearly impossible to prove in court. "I smell marajuana" is not something that can be proven or disproven. Just because MJ was not found after a search does not mean the officer did not smell MJ. It turns into a "he said she said".
What about "I smell Old Spice and Astroglide"?
You're right, intelligent conversation with you probably won't happen.
There are some instances where LEO can search your vehicle without a warrant.
1. Reasonable suspicion that you may have a weapon and then your "wingspan" is searched for officer safety
2. Incident to an arrest
3. Contraband in plain view
4. Consent
5. To inventory when being towed
dk.easterly
Well-Known Member
So I guess my real world experience is negated by your Internet searching skills.
Ok. My bad. Carry on.
Members online
- Roadhog
- phishyt
- Scottm35
- Tonyaav
- Loudog
- vedros84
- Steve-0
- Tacobellgrande
- Ranslem9849
- AEI_Own_U
- kenacp
- Beachbum26
- jcronin
- SwampyDog
- copter wrench
- HLM
- WhereIsIt?
- Sainte70
- Evil Zim
- sethtvaughn
- Rgates
- Speedtrucker
- echotrek
- jimmyjc11
- dbommer
- highstandard40
- BlakeLavespere
- Daspy
- coondance
- Saizan
- Denisbl0
- Peacemaker
- Nboazman1
- WilsonCombatant
- tekkaman_tnt
- chibajoe
- huggybro
- chips
- hotbiggun
- DH80-Z28
- rynola
- Barry J
- glockfan
- Lbanks
- Gravelface
- BLACKHAWK240
- pandabear
- Savgun
- Ares
- MichaelPopulus
