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Can Police Search My Vehicle?

Can Police Search My Vehicle?

all right Michael wants to know if the police have to have probable cause to search your vehicle and the question is a little more complicated than that but when defense lawyers when we look at whether or not the police had permission or had the right to search your vehicle the first thing we ask is whether or not the stop was okay because sometimes the police stop people and they really don't have a reason to stop them they have to have what's called a reasonable articulable suspicion under the law to stop a car so they're looking for things like if you're speeding or if you fail to signal a turn or you're weaving all over the road or something like that maybe you don't have a valid license plate on your car anything like that will give them a reason to stop the car but once in a while the police will stop a car just because it looks suspicious or something and that's not enough reason under the law to stop a car and if they don't have enough reason under the law to stop the car then they don't even have the right to search your car and anything they find in the car it will be thrown out of evidence in your case will be dismissed so that's the first thing that our criminal defense lawyers look at if the police had reason to stop the car the next thing that we look at is whether or not they had what's called a reason to expand the scope of the stop what that means is any time a cop stops you let's say they stopped you for speeding all they have a right to do at that point in time is get your driver's license and your insurance information go back to their squad write your ticket for speeding and then they have to let you go unless they find additional evidence while there while they're just inquiring about why you were speeding and so forth to give them a reason to keep you around longer and continue to detain you any longer than is reasonable in order to just write a traffic ticket out so they have to have things that they can point to an additional reasonable articulable suspicion things like they're looking for the odor of marijuana or the odor of any other drugs maybe they're looking for parent paraphernalia that they can see in plain view from outside of your car maybe they can see a pipe laying on your seat or something like that if they see any of those sorts of things then they've got more of a reason to keep you around sometimes when people are traveling across states on heavy drug routes what they'll do is they'll separate the driver and passenger ask them about where they're going see if their stories match because then they'll interview person and then the other they want to see if their stories match how long they've been on the road if anything else looks suspicious like maybe it's an out-of-state vehicle sometimes that's something they use as suspicion I don't think that's good enough but that's something they'll point to rental cars they're looking for a lot large amounts of cash on people and things like that if they don't have a reasonable articulable suspicion to expand the scope of the stop then again they don't have a right to even try to keep you around to search your car and a lot of cases have been thrown out where officers try to keep someone around longer than they really can under the law so that's the next thing we look at is criminal defense lawyers after that if they have enough reasonable articulable suspicion because they're seeing other things like maybe they've got that odor of drugs or something in plain view or something then they have to have probable cause to search your vehicle or they have to have consent for you so rule number one is never consent to a vehicle search it can only hurt you it can't help you whatsoever if officers don't have probable cause but you consent anyway then the odds of the evidence remaining in against you and hurting you in your case is a lot higher so don't consent to a search of your vehicle they'll pressure you and if they unlawfully coerce your consent you can get it thrown out but the easiest way to go about it is not even to have to get to that point in an argument so do not consent to a search for your vehicle unless you absolutely have nothing to hide if they've got your consent and under some state laws you can still get your consent thrown out there's for example in Minnesota there's a case called state versus fort fo RT that says that an officer if they want to ask a passenger to search the passenger or the passengers belongings have to have permission from the passenger themselves and they have to have reason to believe that the passenger was engaged in some sort of criminal conduct why is that important well if the driver was speeding the driver is engaged in some sort of criminal conduct but what does that have to do with the passenger if they want to search the passenger the passenger is belonging under some state laws like in Minnesota they have to believe that the passenger actually committed a crime or they can't even ask that passenger for consent and whether that whether or not the passenger gives consent doesn't matter because the officer can't even go there so that's a defense in some states that will work but if it's a federal case those that defenses are not available but here in Minnesota for example if it's a state case that's another thing to look at recently what they're looking for sometimes it was like nervousness on the part of the driver or passenger anything that would indicate that those people are maybe under the influence of drugs narcotics things like that obviously anything else they see in plain view things they see like maybe scales again from plain view or anything mismatched stories as I talked about before the more and more they can put together like that or maybe they've got an informant tip the closer they're gonna get to having probable cause to keep you around a search but again don't consent because you'll give your lawyer more of a chance to beat your case if you do not consent recently we had a case here in Minnesota where I was able to get 429 grams of cocaine thrown out in a case in which my client was looking at a first-degree drug distribution charge and was going to do a significant amount of time in prison we did argue that state versus Ford applied the judge agreed and agreed and agreed that number one our client even if he consented should not have even had been asked that question because the police didn't have a reasonable articulable suspicion to believe that he was engaged in any criminal activity and therefore also they didn't have probable cause to search the vehicle and ultimately his duffel bag where they found all of that cocaine so those are the lessons for that every state's going to have some different laws but don't assume just because the officers come up to your window that they actually have probable cause or can search your vehicle you have a right not to consent to the search and you should not consent to the search if you have more questions my website as arrested at Minnesota calm that's arrested MN dot-com my name is Ryan pasilla and my phone number is six one two three three nine five eight four four

Reader Comments

  1. This just gives them reason to violate your rights period. I smell marijuana bull shit I smell beer crap period ..never consent to a search period…

  2. They all say they smell marijuana. This is violating peoples Rights. The cops have been found guilty of robbing people of their money, jewelry.

  3. Please. They all say people look nervous. I know someone who the cops told them they looked greasy. The cop was so pissed he didn't find anything he was spitting on the ground at the man's feet.

  4. At 3:37, 'unless you have nothing to hide' is never, ever, ever EVER a reason to let them search you. You can't tell if the cops are crooked and will plant something on your vehicle if you let them search you. This 'let them search you if you have nothing to hide' thing he's talking about is a bad idea!

    Never let them search you, ever. Even a Terry frisk. If you refuse Terry pay down and they still force you anyway, your attorney will have an easier time getting charges dropped if they do find something on you or they plant something on you.

    One thing cops hate are people who don't know their rights. Flex them, don't make their jobs easy.

  5. In America, the agents do as they please, Laws be damned.Record at all times when you are offered their service. Remember you have a right to remain silent!!!

  6. If you don't consent, they get pissed. Then they order for k9 unit and can instruct the dog to signal for a false positive detection and ultimately search the car anyway.

  7. So if a cop says he pulled me over for no tag light .. gets my info. Pulls me out.. cant find me somehow…… i spell it out for him like he asks..
    Goes back. Then he comes back and THEN TELLS ME "see what happened was(no joke) when you pulled out of the store i believe i saw you throw out a plastic bag from your window!!!!!!
    He then pushes me to search. Not my car. I said no. He kept on of course… so he calls owner..gets the okay. Searches.. finds nothing. Before that they kept on saying theres no way i can't remember if i threw a cigarette out. Saying it sounds weird.. i smoke a lot of cigs… i dont pay attention to what part of the parking lot i threw it.

    While hes searching im getting asked if i have custody of my kids.. if im on probation…. i get told i shouldnt even throw out my cigs bc this one cop and the whole world hates it. And im polluting.. 🤷‍♀️ i agree with him. Whatever.
    Cop doesnt find whatever he was hoping for.
    Immediately says nothing but he is giving me a warning for my tag light. Just a verbal…… i don't understand….why already 3 cars deep? Why tell me he pulled me over bc of my tag light but then tell me (i guess my name ran ok) that he actually saw me throw out an empty or full idk drug bag…… something has to be wrong here.

  8. I live in hazen nd got pulled over for no licence plate on the front of my truck. They took my licence i had two friends with me we all just gave our licence had nothing to hide. He came back asked if any drugs were in tge vehical we said no he asked if he could search i said no. He brought a dog made him jump all over my truck and because the dog "hit" they pulled us out and searched found nothing but destroyed my truck broke vents inside ruined exspensive interior parts. and the dog scratched my paint all to crap i told him this was harrasment and he said " we will worrie about the laws later". Wrote me a warning and a no seatbelt ticket and let me go 2 hours freezing my ass off on the side of the road.

  9. Mr. lawyer ,they have immunity to lie ! So they can arbitrarily say they smell ANYTHING ??? Right ??? Even if they find nothing ,so what ???

  10. I just feel like if I say no to the police, shits gonna hit the fan quick… if you have nothing to hide you should be 👌🏻 ok bottom line is just abide by the law and you should be ok

  11. Hey guys for anyone interested in this . The Supreme Court recently ruled in favor of the cops. I wanna say the case is North Carolina v. Helen but could be remembering the wrong case … But long story short . A guy was pulled over for a broken tail light, his car was searched …. And they found drugs . PLOT TWIST: It actually turns out it's legal to drive with ONE working tail light in North Carolina (state) . Meaning the driver was not breaking the law. However , in this case the Court ruled … Officers enforcing the law DO NOT need to know the law . Which is an insane ruling in my opinion

  12. Police and their political subdivisions, aka for-profit municipal corporations now aware of 42-1983 suits, "Constitutional Torts" aka Trespass upon Due Process and Trespass upon Civil Rights… Many victimized by police are starting civil actions upon them in their "Private Capacty" and also Political Subdivisions and their "Vicarious Liable" principal officers, as game changer, surpressing their Official Oppresion and Orwellian mannerism.

  13. The guy with all that damn cocaine ought to be buying you a car with his drug money! Holy crap! That's insane. And I got in trouble for less than a gram of weed that wasnt mine and didnt even know was in the BACKSEAT of a recently purchased used vehicle. Fkn a.

  14. Sometimes the police just make up a reason to stop a car. Then they say I smell alcohol or pot when nonexhistant. People have the same lack of trust of our government as they do police for the same reason, lack of trust. It has to be earned.

  15. So if they need a reasonable articulable suspicion to pull you over, then why can they perform stop checks?

  16. I was detained in Walmart by the Walmart boss I was charged with stealing but did not steal I was detained never read my rights even when the police showed up arrested me and took me to jail. Is this legal caa be detained by a Walmart employee then when the police show up still never read my rights can they use what was sd against me in court?

  17. What if they pull me over, I jump out the vehicle! Windows rolled up, doors locked, and keys in my pocket.

    I then say to the officer, hey I don’t consent to any search of my vehicle?

  18. When a cop stops and says….we relieved a call( lie) then starts to question you for no real reason . Why can't the person just request a sworn statement from the officer of this fact. Knowing full well the officer is probably just making up a reason to stop you. Please answer

  19. The Law
    No Con-sent, No Probable Cause, and No Reason based on the Law
    So the answer is No!🚫✋

    Plain & simple…So follow the stop order. And move about Your day.

    The way You respond is Not A Reason. The color of Your skin does not matter. No Reason they can not keep You detained or stopped.

    Reason other then Probable if not aware from the beginning of the stop.

    Thank You for the video and explanation!

  20. Let’s say I’m underage, I have a cooler in the back no open cans, I don’t look intoxicated, etc would a cooler be enough to give probable cause to issue a vehicle search.

  21. this is a great video but , please understand that the general public cant afford a good lawyer like yourself , sad but true , most lawyers that put there name in for public defender get so over whelmed with cases that they cant put the work in that people deserve and they get burnt out , so they end up pleading out [ witch gives them a record regardless ] or getting berried for something that shouldn't have happened to begin with ,

  22. They just say that they smell stuff. Who is going to argue with them? Smell is subjective. Then you deny a search and they yank you out, cuff you and put you in jail. Lying bastards.

  23. You can deny permission for the police to search your vehicle, but if they really want to, they will. They will make up a story that they smell pot or alcohol or that your eyes are bloodshot, or you are slurring your speech, anything to search the vehicle. Sometimes they will bring in the K-9 in which case your car will get scratched and they will tear apart the inside leaving a mess. And there is little you can do about it.The end result is either they will plant drugs or other contraband in your vehicle and arrest you, OR they will find nothing but YOU will have to put everything back.

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