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If someone were to get pulled over, and asked to get out of the vehicle, and the you gave the officer permission to search your vehicle, do you have the legal right to tell him/ her to stop searching?
It's not as simple as that. There have been tons and tons of scholarly legal tomes written on the right to search. There's a lot more to this story and much of it has to do with the legality of the search.
So, the answer to your question is, it depends.
That said, this someone needs to hire a lawyer who will challenge the evidence based upon an illegal search. If the judge rules that it WAS legal, then (at this point) it was. However, if someone appealed that decision and the judge was overruled by an appellate court, then it WASN'T legal. However, if that ruling was appealed to higher court.................. And, on and on.
A few weeks ago, I was pulled over, origionally for speeding, which, ok, i was at fault. As the officer was talking to me, he claimed he could smell weed coming from my car, which I know was bogus, seen how I dont smoke at all, not even cigs. Anyway he asked me to step out of the car, so, to avoid causing trouble, I did. He had me sit on the curb with my legs crossed and I had my hands handcuffed behind my back. During the search he found in my glove compartment about two-hundred dollars in tens, which I saved for emergency money (for gas, groceries, car trouble, whatever) I told him it was emergency money, but said it looked to him like drug money. At that point I wanted to tell him to stop searching, but I wasn't sure if I was allowed to do that, so I was going to let him continue searching but then like, two-three minutes later, he said i "checked out" and said I was free to go, and uncuffed me, and let me go, but he kept my money. He told me it is policy to take any money found during a search back to the station. Does this help any more?
So why not just go to the station, give them the time and location where you were pulled over and tell them you want the money returned. I hope you got the officers name, license plate, car number or something.
Yeah, I dunno why you didn't just come out and say it. I'm not gonna tell your mom.
Your question about the search is not relevant since no evidence was seized and is being used against you.
He lied to you, dude. There ain’t no such policy in any police department. It looks like instead of evidence being seized, your money was stolen. Certainly, if he didn't give you a receipt, that's what happened.
Officers are allowed to search your car if they have reasonable suspicion to do so. He can ask your permission to search your car just as a formality. This keeps the situation calm and agreeable. If you deny the officer, he can still search your car if he has reasonable suspicion. So...If he asks you and you say yes, you can, legally ask him to stop searching your car, but if he has reasonable suspicion, he doesn't have to stop. This allows officers a great deal of latitude on the job, but it also may feel like our rights are being violated times. Officers also only need "reasonable suspicion" to pull someone over. This is very subjective.
Officers are allowed to search your car if they have reasonable suspicion to do so. He can ask your permission to search your car just as a formality. This keeps the situation calm and agreeable. If you deny the officer, he can still search your car if he has reasonable suspicion. So...If he asks you and you say yes, you can, legally ask him to stop searching your car, but if he has reasonable suspicion, he doesn't have to stop. This allows officers a great deal of latitude on the job, but it also may feel like our rights are being violated times. Officers also only need "reasonable suspicion" to pull someone over. This is very subjective.
I thought that if you say no they have to place you under arrest or get a warrant before they can search the car. I was always told your verbal ok bypasses these requirements and is not meaningless.
I believe lowtax is correct or else 'reasonable suspicion' can be abused. Never give your verbal ok for a search. There are videos on youtube that explain this better than I can. I'll see if I can fnd them.
I thought that if you say no they have to place you under arrest or get a warrant before they can search the car. I was always told your verbal ok bypasses these requirements and is not meaningless.
That's not my understanding. It would be a lot of trouble to get a warrant for every car that they wanted to search. Technically, he wasn't under arrest even though he was cuffed. It's the same argument with the wiretapping controversy. They don't want to have to go to the trouble of obtaining a warrant for every phone conversation they want to hear or email they want to read. So, it was covered under the Patriot Act. Not sure what the exact wording was, but I think it was something like "reasonable suspicion."
It's kind of interesting, but by telling the officers that it isn't ok to search your car, it might give them the reasonable suspicion to search your car. We give officers this freedom, because it help keep us safe.
It would be interesting to read statistics about how many cars that are searched have something illegal in it. I bet it is a high percentage.
As far as the officer goes, it seems fishy that he took your money. I don't know if they have to take your money during a search.
Did he give you a speeding ticket? I would definately follow up on this. Your question shouldn't be if you can tell them to stop searching your car, but whether or not they can take your money. Definately contact the precinct the officer works at.
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