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Cops have Probable Cause they can search are there any restrictions?
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Cops have Probable Cause they can search are there any restrictions?

In a scenerio where a cop pulls a driver over and smells the odor of marijuana and gains probable cause... the officer is entitled to search the car are there any restrictions at all? i.e. ripping dash board apart, cutting holes in panels are there any restictions? I know if there's a search warrant there are none... acting just of PC are there any restictions or extremes an officer can only take with a search warrant?
Additional Details
I know lock boxes would require an additional warrant if not time sensative I acknowledge that restriction any others?


    




Citicop
Rating
I can search the passenger compartment and trunk roadside. I generally won't do anything that requires tools to access without a warrant.

If I suspect that there is some hidden within the car, I'll seize the car and get a dog to the scene before I start tearing it apart. Once the dog alerts, I can tow the car and get a warrant to tear it apart.

The odor of burned Marijuana will get you Field Sobriety Tested and possibly arrested for DWI even if I don't find your stash.


David K
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-RKO-
Rating
I don't know for sure, but it disturbs me when I see officers on "Cops" pull someone over because they're 'suspicious', and then man-handle them to the ground or tear their vehicle apart just because they 'suspect' the driver might have an ounce of weed.
'Probable cause' is so vague...

Now, listen to this: in the March 22, 2009 edition of the Fort Wayne (IN) Journal-Gazette, a front-page story reported that county sheriff's officers stopped a Jeep for speeding, stopped the car, 'patted down' the two occupants, and then noticed that they 'acted nervous'. In the back seat of the Jeep, officers found $26,000 in cash wrapped in a stocking cap. They eventually released the two men without charges [other than giving the driver a citation for driving with a suspended license] - but the police KEPT the cash!!!
"Having that much cash is not a crime," stated the article, "but police have the right to seize it if they suspect it has been used or procured through criminal means."
So, whatever you do, DON'T drive through Allen County, Indiana with a wad of cash in your car. If you get stopped, the cops are going to steal it from you!!
Legalized theft has come to Fort Wayne [Allen County], Indiana! Police confiscated the money "because the driver could not give an adequate reason for having that much money." In a sidebar to this story, the newspaper reported that the sheriff is "using $600,000 from a drug bust....to finance a new shooting range". The county prosecutor was quoted as saying, "I don't think drug dealers should profit from peddling poison, I think when they get out of jail, their property shouldn't be returned."
This is the SAME county in Indiana, by the way, where a state-funded alcohol-dependency program allegedly includes among its 'investors' county judges who order drunk drivers to take a poison pill known as AntAbuse, sometimes whether the offender is convicted or not!!
If you're driving through Fort Wayne, Indiana, beware! There are thieves sitting in those two-tone brown sheriff's cars - and on the courtroom bench!! -RKO- 04/26/09


Pete
Rating
I believe they need a warrant to even search if you tell them no. Just as they cannot enter your house without your permission. I highly doubt that they can tear apart your dash without a warrant, and i doubt they would for just pot anyways.


MONEY ON MY MIND
Rating
sure the hell can probable cause and suspicion were created as loopholes for everything else they forgot to cover and they use this vague term to justify their breaking of ur amendments.. hey its the police what can u do?





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