ENT
Head-Fier
- Joined
- Aug 14, 2006
- Posts
- 82
- Likes
- 10
I hate when cops try to lecture... I would have responded the same way. You should go watch Hot Fuzz to make yourself feel better about the imbeciles you just encountered.
Originally Posted by blessingx /img/forum/go_quote.gif Just don't go to sleep tonight. |
Originally Posted by Edwood /img/forum/go_quote.gif It depends on whether they pulled him over before or after he stopped the engine of his car. If they pulled up as he was getting out of his car, it's another issue, especially if he is physically inside his garage. Paved driveway is usually considered public property, a car in the open is subject to search without a warrant. Once the car is physically inside the housing structure, it's a whole 'nother ballgame. |
Originally Posted by marvin /img/forum/go_quote.gif A car in the open is not subject to a search without a warrant. The "plain view" doctrine does allow a search that consists of looking into your car. But, to obtain access to the trunk, any compartments, or anywhere else not in plain view, the police must either a) get a warrant, b) get your permission, or c) arrest you and make the search incident to the arrest. In any case, your driveway is not public property. It is most definitely private property, but whether it is private property that is "open to the public" or not may vary depending on state and situation. Moving the car from the driveway to the garage, or anywhere else, doesn't change things as far as a search goes. Nor does it have any effect on the legality of a speeding ticket. Lots of people get tickets long after their cars have been parked in their garages. Either way, refusing to come out when they're trying to ticket you is still disobeying a lawful police order. Not to mention a bad idea in general. |
Originally Posted by manaox2 /img/forum/go_quote.gif I believe the compartments must be locked (and not with the car key). Most people carrying stuff in their vehicle they don't want seen that I know/hear of keep a lock box in the trunk. |
Originally Posted by SonicArmada /img/forum/go_quote.gif I really don't see your point. Since when do police give "breaks", especially when someone is driving that much over the speed limit? |
Originally Posted by GAD /img/forum/go_quote.gif Did you break the law? GAD |
Originally Posted by marvin /img/forum/go_quote.gif A car in the open is not subject to a search without a warrant. The "plain view" doctrine does allow a search that consists of looking into your car. But, to obtain access to the trunk, any compartments, or anywhere else not in plain view, the police must either a) get a warrant, b) get your permission, or c) arrest you and make the search incident to the arrest. In any case, your driveway is not public property. It is most definitely private property, but whether it is private property that is "open to the public" or not may vary depending on state and situation. Moving the car from the driveway to the garage, or anywhere else, doesn't change things as far as a search goes. Nor does it have any effect on the legality of a speeding ticket. Lots of people get tickets long after their cars have been parked in their garages. |
Either way, refusing to come out when they're trying to ticket you is still disobeying a lawful police order. Not to mention a bad idea in general. |
Originally Posted by arnesto /img/forum/go_quote.gif When you were in your house and the cops came knocking on your door. Did you open the door ajar and talk to them through the crack in the door? |
And they wanted you to come outside? |
I wonder what would happen if you didn't answer the door, do you think the cops would have kicked your door open and arrest you. |
I think you are lucky because I live in LA and some of the cops here are crazy. One time I was at a party and the cops showed up. I started to leave the party and the cop ran up to me with a baton and whacked me in the back. I went there with my brother and I found out that the cop attacked him and pushed him on his back. My brother filled out a complaint form saying that the cop assaulted him for no apparent reason. |