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  1. #1
    Join Date
    Jan 2007
    Posts
    6

    Default Right To Search After A Traffic Stop

    hello all, i am new to this place- please help me out. here's the problem: two fresno police officers in fresno california stopped me for a missing front license's plate. they gave me a warning saying that i should have my car license's plate on the front of my car and not on the windsheild. i had the license's plate on my windsheild because it was loosed and would fall off. after the warning, i went to mc donald to pick up some burgers, and was heading back to the motel i was staying at. it has only been a 15 mins difference, and while coming back to the motel, i was stopped again by two police officers. these two officers gave me a citation for my missing front plate and also searched my car. i was not speeding nor doing anything wrong, i was stopped twice in 15 mins and was given a warning, then a citation. not only that, the two officers who stopped me at the 2nd time searched my car. i was just wondering- when do an officer have the right to search your car and when do they not have the right to search your car? please, can someone help me out on this. just because my car has stickers on it, and it's fully stock- they couldn't find nothing on my car nor in my car, yet they have claim to find an intake in my car. i just like to know- do police officers in california have the right to search your car because you have stickers/logo on it? do they have the right to search your car, just because you took off the front plate, if not- it would have fallen off?

  2. #2

    Default Re: Right To Search

    What do you mean by "search"?

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Right To Search

    Quote Quoting k1ngsky
    View Post
    hello all, i am new to this place- please help me out. here's the problem: two fresno police officers in fresno california stopped me for a missing front license's plate. they gave me a warning saying that i should have my car license's plate on the front of my car and not on the windsheild. i had the license's plate on my windsheild because it was loosed and would fall off. after the warning, i went to mc donald to pick up some burgers, and was heading back to the motel i was staying at. it has only been a 15 mins difference, and while coming back to the motel, i was stopped again by two police officers. these two officers gave me a citation for my missing front plate and also searched my car. i was not speeding nor doing anything wrong, i was stopped twice in 15 mins and was given a warning, then a citation. not only that, the two officers who stopped me at the 2nd time searched my car. i was just wondering- when do an officer have the right to search your car and when do they not have the right to search your car? please, can someone help me out on this. just because my car has stickers on it, and it's fully stock- they couldn't find nothing on my car nor in my car, yet they have claim to find an intake in my car. i just like to know- do police officers in california have the right to search your car because you have stickers/logo on it? do they have the right to search your car, just because you took off the front plate, if not- it would have fallen off?

    To have to have a fourth amendment question, there must be a SEARCH and a SEIZURE.

    You had neither here.

  4. #4
    Join Date
    Apr 2006
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    not sure
    Posts
    526

    Default Re: Right To Search

    Quote Quoting seniorjudge
    View Post
    To have to have a fourth amendment question, there must be a SEARCH and a SEIZURE.

    You had neither here.
    So if I'm searched and I have a seizure I could have a fourth amendment question? What if I just passed out and didn't have a full blown seizure?

  5. #5
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Right To Search

    You were seized as you were not free to leave though the seizure was lawful under your example because a traffic violation was observed. If you were given a citation then legally they could not do a search incident to a citation--they would need some other basis such as probable cause or your consent. Now had they lawfully arrested you for even a minor traffic offense then they would have been authorized to do a search incident to the arrest which in scope could have included the passenger compartment of the vehicle.

    From a criminal law vantage point it appears that the search was inconsequential as nothing incriminating was found so there is no evidence to suppress.

  6. #6
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Right To Search

    Quote Quoting Litigator
    View Post
    You were seized as you were not free to leave though the seizure was lawful under your example because a traffic violation was observed. If you were given a citation then legally they could not do a search incident to a citation--they would need some other basis such as probable cause or your consent. Now had they lawfully arrested you for even a minor traffic offense then they would have been authorized to do a search incident to the arrest which in scope could have included the passenger compartment of the vehicle.

    From a criminal law vantage point it appears that the search was inconsequential as nothing incriminating was found so there is no evidence to suppress.
    Where, in the original post, do you see anything about a search?

    Also, are you saying that under the fourth amendment that the arrest of a person is considered a seizure?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Right To Search

    Quote Quoting seniorjudge
    View Post
    Where, in the original post, do you see anything about a search?
    maybe here judge?

    these two officers gave me a citation for my missing front plate and also searched my car.

    Now I'm far from a constitutional scholar but I do believe that an unlawful search, without any seizure, is still a violation of ones constitutional rights.

  8. #8
    Join Date
    Jan 2007
    Posts
    6

    Default Re: Right To Search

    Quote Quoting lwpat
    View Post
    What do you mean by "search"?
    They SEARCH my car, meaning: they pop the hood of the car and check for any illegal parts modified to the engine. They also popped the back trunk, hoping they would find NOS or anything illegal performance to the car. They did all of this without my CONSENT- meaning: i did not give them my permission and yet, they SEARCHED my car like i was a criminal hiding something.

  9. #9
    Join Date
    Jan 2007
    Posts
    6

    Default Re: Right To Search

    Quote Quoting jk
    View Post
    maybe here judge?

    Now I'm far from a constitutional scholar but I do believe that an unlawful search, without any seizure, is still a violation of ones constitutional rights.
    I do believe- you have to do something unlawful for an officer to SEARCH your vehicle. How can a front plate missing, having logos on the car, contribute to an officer having the RIGHT TO SEARCH my car without my PERMISSION?

  10. #10

    Default Re: Right To Search

    The officer can stop you and issue a ticket for the front license plate. He can also have you and any passengers exit the car. In California he can make you open the hood to check for illegal mods. He can look in the car for anything in plain sight.

    Without more that is as far as he can go without your permission. If he has a reasonable suspicion of drugs or another crime he can pat everyone down for weapons. This would not include making you empty your pockets or taking anything out of your pocket that would not be a weapon. He also cannot open the trunk.

    If you are arrested and the car impounded, they can do an inventory search of the entire vehicle.

    There is no right of action if the officer violates your rights. You can only try to have any evidence seized during an illegal search excluded from the evidence against you.

    If this is happening on a regular basis in your area, your best option is to complain to the officer's supervisor and to your local political representatives. The problem is that you are opening yourself up to harassment. If you are really concerned, have a local attorney write the letters on your behalf so he can keep your identity out of it.

    Aaron, I think this is correct. If not, please elaborate.

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