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Lenins Potato
May 8, 2008
Quick question about car searches. I was pulled over, got out of car with driver side window down and unlocked. The officer had asked me out of the car then a minute later he opened the driver side door and searched. Is this a legitimate search?

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Lenins Potato
May 8, 2008

joat mon posted:

There is no such thing as a "quick question about car searches."

If the facts are strictly limited to the facts you've given, it's a bad search.
However,

For what reason were you pulled over? (I'm assuming you were the driver)
What happened during "then a minute later"?
How was your behavior? nervous, belligerent, calm, goony?
Where were you in relation to the car at the time of the search?
Were you free to leave / arrested /cuffed at the time of the search?
Did you give the officer permission to search?
Had you done anything that could be construed as a furtive movement(s) as you were being pulled over?
Was there anything illegal in plain view in your car?
How extensive was the search?
Did the cop find anything during the search? If so, what was it and where was it?



I was the driver. I was pulled over for a broken headlight. I was calm and was at the passanger side door getting my insurance and registration out of the glovebox. The passenger side door was open while I stood there, at the same time he opened the driver side door. I never gave permission, he never asked anything about a search. I don't think I did anything furtive. After he opened the door he leaned into the car and went over everything with his flashlight. Nothing was found.

Lenins Potato
May 8, 2008
Ugh. Double post.

Lenins Potato
May 8, 2008
I get what you're saying. I should add that after he stopped me, he told me to get out of the car. Talked to me for a minute about my headlight and where I was coming from. While I was standing next to him I gave him my license and then he told me to get my insurance and registration. That's when I went to the passenger door to get into the glovebox. A few seconds later he appears at the driver side door and opens it. It just made me raise my eyebrows since I've never had a cop casually open my door and search the car (especially since the state I'm in sees your car as an extension of your home). I was going to ask him to stop, but I wasn't sure if leaving my window open allowed him to do that. It sounds like I would have been in my rights to do that from your post.

I should note that he wasn't completely alone. There were at least four other police cars pulling people over around that intersection. Granted it wasn't exaxtly a roadblock either.

Lenins Potato
May 8, 2008

joat mon posted:


Fake edit: Actually, neither Gant nor Belton apply yet, because the driver hasn't been arrested. We're still in 'particularized suspicion' that the driver is armed and dangerous, or probable cause territory.

So is this a good or bad search? Would I have been ok telling him I don't consent?

Lenins Potato
May 8, 2008
Is driving through a parking lot in a "high crime and drug area" a reasonable cause for a cop to pull you over?

Lenins Potato
May 8, 2008

entris posted:

What time of day is it?
What condition is the car in? (Any lights out?)
What sort of driving are we talking about? Fast driving? Really slow driving? Driving that involves a little swerving? Cutting across parking spaces?
Are the headlights on?

The standard that must be met for Terry stops and the standard for actual arrests are both very fact dependent.

...and the answer is almost always "Yes, the cop was allowed to pull you over."

Noon. No broken equipment, clean washed car. Probably 10-15 mph going through the parking lot to the exit. The entrance is one way. No cutting through spaces. No swerving.

During the stop he asked me why I was nervous. I told him because I didn't know why he pulled me over, and he gave his reason for me being in a "high crime and drug area." Checked my license and let me go and told me he didn't believe my story.

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Lenins Potato
May 8, 2008

entris posted:

If he let you go, what's the problem?

And I would bet that his stop would hold up in court, if he had arrested you on something.

I was just curious, the whole stop was weird. I've been pulled over before but the reasons were always more concrete than being in a bad area.

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