Vehicle Search

[Texas1911]

If I am pulled over for say speeding, 80 in a 70, what sort of legal search can be made of the vehicle if I decline a search? I've seen people refer to frisking and things of that nature, but to what end can they search the car?

I'm just curious where the line is between a legal search and an illegal one.

 

[ChunkyMonkey]

They can ask, if you refuse, they can't without the p.c. or immediate area incident to the arrest. That's a pretty random thought. Personal situation happen where a search was threatened?

 

[orbitup]

It's not speeding but I was arrested for running a stop sign so they could do an "inventory search" of my truck. If they want to search it, they will find a way.

 

[Texas1911]

They can ask, if you refuse, they can't without the p.c. or immediate area incident to the arrest. That's a pretty random thought. Personal situation happen where a search was threatened?

I'm somewhat concerned about being searched when I have NFA items on hand due to the complexity of the law. I know I can be arrested for possessing them since it's only a defense to prosecution to have the Form 4, but I'd rather avoid it all together even if it's a 0.001% chance that I'll face that situation. Just popped up in my head on the way to Lone Star since I travel through a number of smaller and more aggressive (pretty well known) police force's jurisdictions.

 

[Charlie]

Hmmmm............how does one legally transport an NFA item?

 

[bryonbush]

in if there as any idea that there may be illegal activity occuring, without probable cause, consent for the search must be obtained first. if you refuse, which it legal, then many times a K9 is called. if your worried about your autos and paperwork, then just be cool with the officer and be very through in your explination of what the paperwork is for. to be honest, most officers (or people for that matter) wouldnt know if they were looking at a full auto or a semi just by looking. as long as you can show that you legally can own the paper work, then there is nothing to wory about. best bet is to not do something that will get you pulled over.

 

[ChunkyMonkey]

It's not speeding but I was arrested for running a stop sign so they could do an "inventory search" of my truck. If they want to search it, they will find a way.

A vehicle is either inventoried or searched. Did you refuse to sign the promise to appear? Why did they arrest?

 

[Bithabus]

I'm somewhat concerned about being searched when I have NFA items on hand due to the complexity of the law. I know I can be arrested for possessing them since it's only a defense to prosecution to have the Form 4, but I'd rather avoid it all together even if it's a 0.001% chance that I'll face that situation. Just popped up in my head on the way to Lone Star since I travel through a number of smaller and more aggressive (pretty well known) police force's jurisdictions.

No reason to worry. Just keep the weapons hidden and sign the speeding ticket. You cannot be arrested for speeding if you agree to sign the ticket, and the Police can't search your car without PC that evidence of a crime exists, or you are being arrested, or they have reasonable suspicion you are armed.

 

[txfireguy2003]

The only two traffic offenses in Texas that are NOT arrestable are speeding and open container (or at least that's what it was when I went through the academy, it's been a while and I only deal with fire related laws now). That means that if you change lanes without using a turn signal, the officer CAN choose to arrest rather than cite you. It is VERY uncommon for that to happen, in fact, I've never heard of it happening, but it CAN. One intstance where it might be justified is if you commit a violation in Texas, but you are from Ohio and the officer has reason to believe you won't pay the ticket. But that's not the question here.

The offficer cannot search your vehicle without your consent, probable cause that a crime has been commited and that he will find evidence in said vehicle, or a warrant.

 

[orbitup]

A vehicle is either inventoried or searched. Did you refuse to sign the promise to appear? Why did they arrest?

I was given a sobriety test and passed. Then he asked if he could search my truck. After I said no, he had me turn around and I was cuffed and stuffed. While in the back seat he told me I wasn't going to be arrested for DUI but he was taking me in anyway for my own safety. That's when another officer started digging through my truck. When I asked about it he said that they were doing an inventory search because the truck was going to be impounded.

They found my pistol I had in the center console. It was on then. I was treated like I had shot somebody and they made a huge deal about the fact that it was cocked and locked. I didn't know I had been arrested for running a stop sign until a pretrial hearing.

I know some with think that maybe I was drunk and didn't realize it. But honestly, I had 2 beers. I was painting a car that night and I had one beer between the sealer and base, and another between the base and clear.

 

[ChunkyMonkey]

so he arrested you for Public Intoxication(safety of yourself and others) after taking you out of the truck? but was actually for the offense of running the stop sign? If what you're saying is accurate, that's pretty crappy.

 

[orbitup]

so he arrested you for Public Intoxication(safety of yourself and others) after taking you out of the truck? but was actually for the offense of running the stop sign? If what you're saying is accurate, that's pretty crappy.

Yep, that's the gist of it.

 

[Renegade]

Chicken Shit, but it happens.



man arrested for turning without signaling

02:42 PM CDT on Tuesday, May 6, 2008


By JONATHAN BETZ / WFAA-TV

MELISSA, Tx -- Mark Robinson was driving through downtown Melissa last week when he was pulled over for failing the use his turn signal.

But instead of getting a ticket, the officer took the 24-year-old to jail.

He was booked, strip searched, and sat for 3 hours with criminals. “People talking about using drugs and shooting heroine. They asked me what I was in there for and I said a turn signal violation,†said Robinson.

There aren't any warrants out for Robinson. In fact he says he's never been in jail. But he does admit to challenging the officer's questions during the stop.

 

[matefrio]

General advice here:

Correct way:

Incorrect Way:

 

[Texas1911]

in if there as any idea that there may be illegal activity occuring, without probable cause, consent for the search must be obtained first. if you refuse, which it legal, then many times a K9 is called. if your worried about your autos and paperwork, then just be cool with the officer and be very through in your explination of what the paperwork is for. to be honest, most officers (or people for that matter) wouldnt know if they were looking at a full auto or a semi just by looking. as long as you can show that you legally can own the paper work, then there is nothing to wory about. best bet is to not do something that will get you pulled over.

Could seeing a short barrel firearm or a suppressor in the back seat give probably cause? It is illegal by state law to possess those, even with paperwork. That's more or less what I'm trying to find out.

I don't drive around with that stuff hanging out for that vary reason, but I'd like to know the limitations (not that I'd stop an illegal search).

 

[matefrio]

Could seeing a short barrel firearm or a suppressor in the back seat give probably cause?

Yes.

Honestly the less the officers knows about the contents of your car the better. I don't know if it's still done but even rewritable CDs have been used as PC due to them being used to pirate music. See link.

Leaked RIAA Training Video: Find Pirates, Find Crack-Dealing Terrorist Murderers Too!

 

[Jason]

What happens 9 out of 10 times is they will make something up to search the car.

This happens mostly in my experience when there is only one of you with no witnesses to back you up.

Been through it... it sucks, have a record thanks to a lying police officer.

5 of them and 1 of me didn't make for very good odds at a judge or jury trial...

Then there have been other times where I felt VERY lucky to be out of the situation in one piece. I was alone and still outnumbered but had a couple of not as bad encounters with them... so there are good, bad, and middle of the road LEO's out there.

Good luck to ya...

 

[Renegade]

What happens 9 out of 10 times is they will make something up to search the car.

This happens mostly in my experience when there is only one of you with no witnesses to back you up.

Been through it... it sucks, have a record thanks to a lying police officer.

5 of them and 1 of me didn't make for very good odds at a judge or jury trial...

Then there have been other times where I felt VERY lucky to be out of the situation in one piece. I was alone and still outnumbered but had a couple of not as bad encounters with them... so there are good, bad, and middle of the road LEO's out there.

Good luck to ya...

What did they plant in your car?

 

[Bithabus]

Could seeing a short barrel firearm or a suppressor in the back seat give probably cause? It is illegal by state law to possess those, even with paperwork. That's more or less what I'm trying to find out.

I don't drive around with that stuff hanging out for that vary reason, but I'd like to know the limitations (not that I'd stop an illegal search).

It could. That's why you keep them covered up, or in the trunk.

 

[zembonez]

If an officer sees anything in your car that looks suspicious, you can bet he can make a case for probable cause to search it.

A little common sense and common courtesy goes a long way here. Remaining courteous (even if the guy wants to play dick) is always in your favor. It is only the most extreme cases where an officer elevates a traffic stop to the next level if everything appears in order. This includes not being an idiot and driving on expired tags, without insurance, etc. Common sense would have me loading any items into the TRUNK of the car and out of sight that might look suspicious.

As you are aware, NFA items are playing with fire.

Start playing your smartass card, and you may well get more than you bargain for.