Quote Originally Posted by jim02 View Post
My book states a few diffrent things.
Amendment II
Amendment IV
Amendmemt V
Amendment VI
All found in The Constitution of the United States which are the supreme law of the land, all laws in violation of these rights are not lawfull and are not of my concern.

Leo's have a hard job to do and if they want my support they need to not look for the easy way and lay excuses on me while they try to trample my rights.
Sigh...Once again people don't seem to understand that yes, there are identifiable ways in which things can happen that are lawful, have been upheld by the Supreme Court and allow officers to do their job.

So, I'll discuss them here and this will be my last communication on the subject, because apparently, people aren't getting it.

4 Ways to Search a Vehicle:
1. Consent - If you provide consent to an officer to search something.

2. Probable Cause - Probable cause is the threshold needed to make an arrest. Upheld countless times by the Supreme Court.

3. Impound Inventory - An agency is required to make a full inventory of a vehicle's contents in order to protect themselves from liability. If, during that inventory, they find something, it can be used against that person. A vehicle can be impounded for traffic related offenses (DUI, etc), arrests, etc. This is another item that has been upheld by the Supreme Court on numerous occassions.

4. Search Incident to Arrest - Was a standard for years to allow a search of the interior of the vehicle if the driver was to be arrested for something and the vehicle wasn't going to be impounded. It is commonly referred to as the wingspan of the driver, where the driver could effectively reach inside the vehicle. This was recently challenged and is awaiting to see if the Supreme Court will hear arguments on the challenge.

Additional Ways
5. Plain View - If you have something illegal like a pot pipe in plain view, the officer can seize it. Pretty simple.

6. Exigency - Exigency would mean that the officer would normally have obtained a warrant, but the seizure of the item or vehicle required an immediate response for a specific reason. Not commonly used, but let's say the vehicle is on fire and it had been used in a robbery. Exigency would allow the officer to gain entry to look for evidence before the fire consumed the vehicle.

7. Search Incident to Detainment - Another not normally used and requires a lot of articulable reasons to ensure the search was lawful. Vehicle was used in drive by and witnesses report blue Dodge with two males in it. Vehicle stopped three blocks away matching description with two males in it. Males are detained and a search is conducted to ensure officer safety due to possible weapon issue.

8. Search Warrant - Lastly, the formal request to search for something signed by the judge. Easy to get during the daylight hours, a hassle for the judge at night. Still doable, but takes time.

There you have them. All are perfectly legal and have been upheld by the Supreme Court in numerous cases that you yourself will have to research as I am tired to be the research bitch for you. You want to have a continuing dialogue? Do it with respect!