getting pulled over question

[RuralRoute420]

in the u.s.

i read elsewhere once that if you got pulled over and had a locked briefcase in the trunk, that the LEO would need to get a seperate warrant on top of the original for the car, so therefor it was safer to keep stash there, as opposed to, oh under the seat or somewhere...... anyone know if there is any truth to this?

 

[Texassativa]

in the u.s.

i read elsewhere once that if you got pulled over and had a locked briefcase in the trunk, that the LEO would need to get a seperate warrant on top of the original for the car, so therefor it was safer to keep stash there, as opposed to, oh under the seat or somewhere...... anyone know if there is any truth to this?

Ok this is a tricky one. The search warrent has to be for a very specific location. A SW has to say what is being searched for. The inside of the car is considered a public location. To search of the brief case is in a different veiw. It is upon itself, a separate part of the car area. Thus needs a warrent to search.

Any case in a car, needs to be locked and the keys dropped off. You are now in care, control, custody of a item who can't get in too. You have no idea whats in it. Always leave an amount of doubt, to convince one jury member.

 

[BluEBLaZeS]

locked briefcase in the trunk that you dont have the key to.
or in an envelope that is sealed and stamped, like official papers...haha so keep ur stamp at ur side...
in ur sock will work, dont have anything else suspicious around tho...
and play dumb.

 

[BruceLeeroy]

The inside of a car is NOT a public location. they can NOT just search your car. they must have probable cause to do this, unless the laws have changed DRAMATICALLY (i wouldn't be too suprised) in the past 5 years or so. once they have probable cause or consent, THEN everything inside becomes fair game, and i believe this would include the briefcase. what kind of an idiot would consent to a search of their car (never mind, we're talking about people in the US lol)? might as well just sit at home and play russian roulette. assuming they DID go to the trouble of either 1. getting a warrant for the car or 2. searching it despite your LACK of consent, i dont think having it locked in a briefcase would matter at all, unless someone else who was NOT named in the warrant and was NOT an owner/operator of the car claimed it to be theirs. then it would most likely be safe.

the fact is, when pulled over you have two options to choose from. option 1. is to give your consent in the hopes that they wont find it. anyone who seriously expects this to work.... oh well.

option 2 is to say that you dont want them to search. say you have a headache. tell them you ate some bad guacamole and can't stop shitting yourself. tell em whatever you want. yes it will look incredibly suspicious. yes they will most likely search anyway. the difference is when they find it, you're going to get out of it due to suppressing the evidence.

i'm not an attorney. the advice and opinions expressed here are based in part on personal experience and in part from reading court briefs. different states have different laws on search and seizure. check out www.aclu.org as well as local branches of norml, and if they have a recommended lawyer for your area, you might try and fire off an anonymous email asking them this very question.

peace

 

[Verite]

The case is part of the car when its in there and you cant give partial consent to search. Your consent to search covers the case. If it were a legit loophole it would be used by all smugglers and be very well known.

 

[casey]

if you deny consent to search,they wont,BUT they will threathen to bring the k-9,so if your contraband is oderless you have a better chance of getting away.


legally they are allowed to let the dog go around the outside of the car.probable cause to search is seeing you doing something illegal like smoking weed,not signaling at a turn busted taillight and so on.

 

[Texassativa]

The inside of a car is NOT a public location. they can NOT just search your car. they must have probable cause to do this, unless the laws have changed DRAMATICALLY (i wouldn't be too suprised) in the past 5 years or so. once they have probable cause or consent, THEN everything inside becomes fair game, and i believe this would include the briefcase. what kind of an idiot would consent to a search of their car (never mind, we're talking about people in the US lol)? might as well just sit at home and play russian roulette. assuming they DID go to the trouble of either 1. getting a warrant for the car or 2. searching it despite your LACK of consent, i dont think having it locked in a briefcase would matter at all, unless someone else who was NOT named in the warrant and was NOT an owner/operator of the car claimed it to be theirs. then it would most likely be safe.

the fact is, when pulled over you have two options to choose from. option 1. is to give your consent in the hopes that they wont find it. anyone who seriously expects this to work.... oh well.

option 2 is to say that you dont want them to search. say you have a headache. tell them you ate some bad guacamole and can't stop shitting yourself. tell em whatever you want. yes it will look incredibly suspicious. yes they will most likely search anyway. the difference is when they find it, you're going to get out of it due to suppressing the evidence.

i'm not an attorney. the advice and opinions expressed here are based in part on personal experience and in part from reading court briefs. different states have different laws on search and seizure. check out www.aclu.org as well as local branches of norml, and if they have a recommended lawyer for your area, you might try and fire off an anonymous email asking them this very question.

peace

Because of the public nature of the inside passenger compartment, one could be charged "public intoxication" while sitting in a car. You really need to rethink the not public thing. If police see any evidense inside the passenger compartment, it is considered evidence in plain veiw. Try and tell them your car is private property....lol..He DOES not need a warrent to seize it. The inside of the car is considered as much a public place as the table at whataburger. You have a control of the area, but the area allows public interaction. Thus is "pubic". A car is not your house. It has less rights

My background, two BA's, one in criminal justice and other in sociology, , military police(army reserve) 8 years,Corrections officer 2 years, Peace officer, Sheriff's duputy and Police officer,7 years. I have left the business. I was one of the cops who believed Weed was just stupid to arrest people over.

 

[Verite]

[ Verite drops his burger and runs for the door knowing the mention of the local whataburger could not possibly be a coincidence. ]

 

[BruceLeeroy]

Because of the public nature of the inside passenger compartment, one could be charged "public intoxication" while sitting in a car. You really need to rethink the not public thing. If police see any evidense inside the passenger compartment, it is considered evidence in plain veiw... Try and tell them your car is private property....lol..He DOES not need a warrent to seize it. The inside of the car is considered as much a public place as the table at whataburger....

by the same measure, if the police see a plant growing in your front window, that is also evidence in plain view, and they would not need a warrant for that either. a car is NOT public PROPERTY, if it was police would simply visit the bar's every night and go through cars while people were inside. yes the rules are different for a car than they are for a house, and yes if something is in plain sight they have the right to search it, but then the same goes for a house. a public place is NOT the same as public property (obviously).

this all goes back to the term "probable cause". seeing a roach is probable cause. smelling marijuana CAN be probable cause but most decent attorney's will get it thrown out. another thing that will vary from state to state, but if there is no probable cause to think there is contraband in the car, and whatever it is you have is in the trunk, then without your consent or a warrant, they can't legally search it. This i know for undisputed fact, as it kept me from doing 10 years.

what law enforcement DOES and what they are legally ALLOWED to do is very often two different things, but again i dont think this was ever about having things in plain sight. i could be wrong but i thought the original question was if they had a warrant for the car, could they check the briefcase as well, and i think they absolutely would. if they have a warrant for your house, they dont need a seperate one for a safe inside the house. In reality the best information on this would be gotten from a good attorney in each individual state. some states allow random roadblock breathalyzers/sobriety checks. some state courts have ruled that as against their state constitutions. it all varies from state to state.

my apologies for mispeaking myself, what i should have said is that inside a car is not public PROPERTY, it IS a public place inasmuch as it can be viewed by the general public, and if you try and drive around naked you WILL get arrested for it. then again, stand in front of a picture window on a busy street naked and see how long it takes you to get arrested! lol.

***also note that sitting at a table in whataburger with a napsack that has contraband in it is ALSO safe unless you give the police 1. probably cause or 2. consent. obviously setting your contraband on the table is a different matter entirely.

 

[Buzzsmirk!]

if you do not deny the briefcase is yours or in your "control" you have some rights to privacy . if u consent to a search of the breifcase you have no more right(s) concerning privacy and ur "reasonable expectation of privacy" a search of your vehicles cabin/interior space does not in itself give leo the "right" to open packages in your trunk which is separate from the cabin. the LEO has thye right to pat you down for any threats to his/her safety like a weapon but without evidence in "plain view" or reasonable suspicion/cause they must get a warrant to "search" your car and its contents. you must learn waht your constitutional rights are and never give them up, LEO is often trying to get folks to waive their rights to privacy with many methods including threats of all sorts false promises for leniency etc........ remeber this a court will NEVER use ur assertion of ur constitutional rights to privacy as a means/cause to punish you to a further extent.
get a copy of "don't get busted" by ed rosenthal or "marijuana law" by greg boire and read them. if u dont want to spend the small cost on the book(s) go to your public library and read the first five amendments to the us constitution or some book which enterpretts them/their applicability to your your fears/suspicions about your question(s) at hand
BUZZ!

 

[kingspade]

in ur sock will work, dont have anything else suspicious around tho...

if you do get taken in, they will make you take off your shoes and socks, if not do a strip search.

i've been asked twice before if they could search my car, i said no, i'm in a hurry, they tried to talk me into it, and i just said no, i really gatta go...they let me go...granted i was pulled over for speeding once, and the other time for my music being too loud...nothing like dui or assault...

i gatta say the best place to hide something in your car is under the carpet. in my car, the passenger side, there their feet are, the carpet can be pulled down a little, and tucked back up there like new. only done it once though (had to drive home drunk, and had a bag on me, so i stuck it down there)

 

[inflorescence]

i gatta say the best place to hide something in your car is under the carpet. in my car, the passenger side, there their feet are, the carpet can be pulled down a little, and tucked back up there like new.

Nope. That area is in your control. It's within reaching distance.
Always just lock it in the trunk.

 

[kingspade]

Nope. That area is in your control. It's within reaching distance.
Always just lock it in the trunk.

i've heard of people being asked by cops to pop their trunk, i've never heard of a cop pulling up your carpet

 

[inflorescence]

Just because a cop ASKS you to pop the trunk doesn't mean you HAVE too.
It's like when they say "You mind if I look around" trying to subtly get you to waive your 4th amendment rights.
But a cop can look around your interior cabin with a lot less suspicion/cause and they will frequently look under the passenger seat because if it's in arms reach because you could have hid a weapon there and the courts feel that the cop has a right to look there for his safety. You can't use a weapon on a cop while your driving if it's in the trunk so they need a higher suspicion/cause to look in there.
Besides, my trunk has carpet also. It's not like I just lay it on top of the carpet, in the trunk, in plain view either. The wheel well is spacious and covered.

 

[Texassativa]

by the same measure, if the police see a plant growing in your front window, that is also evidence in plain view, and they would not need a warrant for that either. a car is NOT public PROPERTY, if it was police would simply visit the bar's every night and go through cars while people were inside. yes the rules are different for a car than they are for a house, and yes if something is in plain sight they have the right to search it, but then the same goes for a house. a public place is NOT the same as public property (obviously).

this all goes back to the term "probable cause". seeing a roach is probable cause. smelling marijuana CAN be probable cause but most decent attorney's will get it thrown out. another thing that will vary from state to state, but if there is no probable cause to think there is contraband in the car, and whatever it is you have is in the trunk, then without your consent or a warrant, they can't legally search it. This i know for undisputed fact, as it kept me from doing 10 years.

what law enforcement DOES and what they are legally ALLOWED to do is very often two different things, but again i dont think this was ever about having things in plain sight. i could be wrong but i thought the original question was if they had a warrant for the car, could they check the briefcase as well, and i think they absolutely would. if they have a warrant for your house, they dont need a seperate one for a safe inside the house. In reality the best information on this would be gotten from a good attorney in each individual state. some states allow random roadblock breathalyzers/sobriety checks. some state courts have ruled that as against their state constitutions. it all varies from state to state.

my apologies for mispeaking myself, what i should have said is that inside a car is not public PROPERTY, it IS a public place inasmuch as it can be viewed by the general public, and if you try and drive around naked you WILL get arrested for it. then again, stand in front of a picture window on a busy street naked and see how long it takes you to get arrested! lol.

***also note that sitting at a table in whataburger with a napsack that has contraband in it is ALSO safe unless you give the police 1. probably cause or 2. consent. obviously setting your contraband on the table is a different matter entirely.

When I worte Public property. It was meant to say public place. The car is not public property just as whataburger. However, like you said...it has public domain access. I meant to say, you can not tell a cop not to be there, if he has reason to look in the car.


Stuff in you home falls under private property. A cop can seize a MJ plant in the window, because there is a possiblity that it will be destroyed, while obtaining a search warrent. This is an example of and exception to search and seisuze. If a peace officer believes that a time delay will lose evidence, they DO NOT NEED A SW. The same thing if they hear screams coming from a house and they believe someone is in trouble. They do not need a SW to investigate.

 

[Guest]

My background, two BA's, one in criminal justice and other in sociology, , military police(army reserve) 8 years,Corrections officer 2 years, Peace officer, Sheriff's duputy and Police officer,7 years. I have left the business. I was one of the cops who believed Weed was just stupid to arrest people over.

curious....whats your business now days?? not being accusitory in the least bit..but wonder after all the yrs and experience you have , what would one do next

 

[Texassativa]

curious....whats your business now days?? not being accusitory in the least bit..but wonder after all the yrs and experience you have , what would one do next

I sale cars. If I can talk someone out of shooting me...I can talk them into buying a car....lol

 

[Guest]

ahhhh man a CAR SALESMEN??? i liked you better when you were a cop..lol j/k

I was one of the cops who believed Weed was just stupid to arrest people over.

i know alot of cops that think like you where im from...im in a big city ny. they dont really harrass over a couple joints and would hardly arrest over small amounts no matter where it was. however though....i wouldnt wanna get pulled over by NYSP with a quantity in my trunk. i think my state has a good grasp on the mj views.

 

[BruceLeeroy]

i think it's a prime example of why holding general animosity towards police is bad. they just have a job to do, and many of them might not be the self righteous pricks they're always made out to be. all a broad spectrum hatred towards police will accomplish is giving the GOOD cops reasons to become BAD cops.

i was searched once illegally, i was asked for consent and said no. the cop searched anyway. but when he filed his reports, he told the TRUTH, that he asked and i said no. i walked. he could have easily lied and said i gave consent, or that he smelled something, or a number of other things that he didn't. i'd still be in jail were it not for his honesty. yes he illegally searched me first, but at least he admitted it!

many times search warrants are filled or whatever cops call it. LOTS of mistakes get made. i wouldn't be at all suprised to see that some are intentional mistakes. it'd be interesting to statistically compare the mistakes made on peaceful, non weapon non violent pot growing warrants vs. the ones made on violent weapon holding meth labs and see if the cops cut people more slack than is realized.

could just be a pipe dream.

 

[Buzzsmirk!]

i agrre with "bruceleeroy's" assesment of cops and the MJ community's attitude towards them in general OK, some r just pricks on a power trip but most encounters i have had with leo have left me with the impression that they don't pay much mind to stoners/heads versus the more serious crimes at large they have to deal with. now i live in a very urban area in a pretty balanced state (politically speaking) yeah u see some grow ops busted on the TV news but most of those stories involve the extremes of carelessness/stupidity kinda don't have much sympathy for dumbasses who try and stuff 300 plants into a singlewide manufactured home and have 800 dollar amonth power bills and or leave the fuckin door to the place UNLOCKED. for crist's sake thats fucken LEOs "wet dream" IMHO
BUZZ!