Underage vs DUI; Emory's dilemma

[cutie_cat_4ever]

Originally Posted by adpiucf

If you see the cocaine in the car, isn't that probable cause? IE: If you pull someone over for excessive use of the horn and you see the open container in the car, you don't need a warrant to give the person a breathalyzer!

Yeah you're right. I asked someone and they told me if the cop see it, they can act on it. But they can't ask you to open your trunk to serach unless they have a warrent.

[macallan25]

yes they can.......

[cutie_cat_4ever]

Originally Posted by macallan25

yes they can.......

Really? Now I'm confused...

[greekalum]

If the officer has probable cause to believe there is contraband or evidence of a crime in a vehicle, they may search it without a warrant.

(And you're really SOL if you're on a boat- there are a few safeguards if you are on a vehicle, esp. the "probable cause" bit, which don't apply to boats. _

[AlphaFrog]

Originally Posted by cutie_cat_4ever

Really? Now I'm confused...

Here's the thing...they can ASK you to open your trunk, and if you willingly do it, then they don't need a warrant. If they ask you, and you refuse, (if they want to pursue it further) they hold you and get a warrant (which they can now get, because by refusing, you've given them reasonable suspicion), and then search your trunk. So, basically, if they want to search your trunk, they're going to search your trunk, and if they have to go get a warrant, they're not going to be very nice about it, so you're better off just cooperating, no matter what's in there.

[macallan25]

Originally Posted by AlphaFrog

Here's the thing...they can ASK you to open your trunk, and if you willingly do it, then they don't need a warrant. If they ask you, and you refuse, (if they want to pursue it further) they hold you and get a warrant (which they can now get, because by refusing, you've given them reasonable suspicion), and then search your trunk. So, basically, if they want to search your trunk, they're going to search your trunk, and if they have to go get a warrant, they're not going to be very nice about it, so you're better off just cooperating, no matter what's in there.

You are right. However, atleast where I am from.....it takes no time at all to get a warrant.......mabye a couple of minutes.

[AlphaFrog]

Originally Posted by macallan25

You are right. However, atleast where I am from.....it takes no time at all to get a warrant.......mabye a couple of minutes.

Yeah, but you make them do twice the amount of paperwork for the same amount of donuts, and they're not going to be nice about it.

[jon1856]

Originally Posted by macallan25

You are right. However, at least where I am from.....it takes no time at all to get a warrant.......mabye a couple of minutes.

As it is here as well. And as indicated, not only will they take your car apart, but your life as well......

[macallan25]

Of course....if you simply tell the cop who your father (aka your Attorney) is.....there should be no problems.

[jon1856]

Originally Posted by cutie_cat_4ever

Yeah you're right. I asked someone and they told me if the cop see it, they can act on it. But they can't ask you to open your trunk to serach unless they have a warrent.

From what has happened to me in the past, the officer can ask you to open your trunk. At that point it is your choice......but as I said that was several years ago......and I had nothing to hide but for several of the worlds best cheese cakes.....

[adpiucf]

mmmm cheesecake.....