actually, searching incident to arrest (which is what it is if they’ve committed a crime, and are hence pulled over) is not a violation of the 4th. you really think we’ve been doing this all these years and have been secretly getting away with it? here’s your copy of internet tough guy magazine, go debate the current law one some other forum. I’m simply stating the way things are, and the way the LAW allows us to search. they spent a lot of time teaching us about the bill of rights and what we can and can’t do under the law. get over yourself or continue misinterpreting my statements, I don’t give to rats’ asses what you think.
I think I said “take over”, as in asking questions instead of answering them.
That reminds me. I thought p.o. stood for parole officer.
dustinsquarepants, do you think you are putting yourself and your colleagues in a good light?
mangeorge my response was to fantome… and frylock, do you honestly think that on the internet my colleagues are ever put in a good light? the city i work in loves us, they often give us raises (in the form of city council approvals). we are seen here in a good light, except by those who deal with us in a negative way, ie being put in jail for committing crimes. even the local media to a major extent loves us and backs us up. my whole point was to answer the op’s question, and not to argue with fantome or ds about how wrong it is that he can be searched if the cop wants to.
The OP asked about a “routine traffic stop”, not a crime.
Whether a cop wants to should, if he/she is honest, have no bearing on whether he can search.
BTW; “hunch” is one those things we remember if it proves out, but conveniently forget if it does not. The accuracy of a hunch fares no better than that of an observation.
People have a right to not be searched. Unsearched is the norm, searched is an aberration and should only be allowed if truly neccessary.
please explain these “routine traffic stops” to me. in my (albeit short time) as a p.o., I’ve never ran a plate and had the computer say “it’s time for their routine traffic stop”. while there are exceptions as I’ve pointed out earlier, most cops aren’t power hungry assholes just itching to harass people. usually we have a lot of better things to do. as to if we should be able to search or not, fact is we CAN. get over it, or go change the laws. I’m one of the more liberal cops on our dept, and I don’t consider weed to be a big crime, but it IS illegal (here in tx, maybe not calif where you are) and you will go to jail. I’m not going to debate this, especially over the internet because it doesn’t matter what we discuss, I will go to work in a few minutes and do exactly what the op asked, search if I suspect I have a reason to. ever heard the phrase “it is what it is” ? if you don’t like it, change it. the whole debating about it on the internet is pointless and a waste of time. enjoy your day, I hope the op’s question was answered.
I have a funny feeling, a hunch if you will, about a certain “po”.
Has your police department ever conducted a search for your missing shift key? And the missing paragraph generator?
that is only a misdemeanor, not worth investigating. but seriously, I type the way I do because I like to. avert your eyes and you’ll save both of us the trouble of having to say anything.
(I’m writing on a message board, not a paper for some college class, relax)
You haven’t been on the job long then. You see, thecars who have drugs and guns and such, in Texas, are the ones with hispanic or black drivers. Or Greenpeace stickers.
On a slightly more serious note, when will it ever be to your advantage to allow a search? Answer: never. If Sgt. Squarepants pulls me over, and lacks any real pc, I’m going to do three things.
First, I will enjoy wasting an hour of his time. Second, depending upon the egregiousness of his civil rights violations, I will send letters of various degrees of nastiness. Third, I will take pleasure in collecting other stories like this and filing suit, or representing pro bono people that have been arrested after an unconstitutional search.
To be honest, in states like TX where the idea of civil rights is still new, there will be cops who will illegally search your vehicle. And they might look for “something” that they can use to hassle you. However, if enough people make a fuss about police running roughshod over the constitution, maybe the police will no longer be allowed to bully and threaten their way to cooperation, and we’ll be able to see the movie scene where the cops bust a tail light and then haul the “suspect” in, and we’ll laugh because it doesn’t actually happen anywhere.
Oh, and the courts have this little thing where if your arrest was obviously pretextual to a search, it’s still unconstitutional.
I’m actually trying to read your posts and follow the conversation as you are presenting the opposite side of what some of the others are posting.
It makes your posts hard to read and certainly does not help your case.
If I posted all in 133t sp34k, I doubt anyone is going to take my posts seriously.
No real offense meant.
Since I asked about the impression you are trying to give, not the impression people generally try to give on the internet, your question is irrelevant.
But to answer it, I would be shocked if there were no instances in cyberspace in which people talk about the police in positive terms.
But back to my question. Do you think that, in this thread, you are putting out a positive message about yourself, your colleagues, and your profession?
I don’ get it.
dustinsquarepants refers to hinself as a “po”. I wonder if that’s a cyberspace personality. His posts just don’t seem very “copish” to me, and I’ve hung out with a few over the years.
But that’s not really a hunch, it’s an observation and could well be all wrong.
Arresting someone for a traffic violation so you can search their car during while it’s being “inventoried” because you don’t have justifiable probable cause to search is indeed a violation of the fourth.
I doubt it’s a secret.
The law doesn’t allow you to violate Constitutional rights. You just do it anyway and apparently aren’t even aware of it.
And you still didn’t get it.
Then why bother responding to me?
I used to get pulled over a lot back when I had long hair and hadmy techno trance tunes going. Any excuse they could find. I’ve never even been drunk let alone did drugs.
If all I have is noise and they quiet down when I get there, I’ve handled the call and I’m on my way. You’re right, in that situation there is no probable cause for me to use to get a warrant.
However, drunk kids are rarely that good at covering their tracks. 
If they were, I wouldn’t have been called in the first place.
Depending on where I have to go to find a judge, it can be anywhere from an hour to four hours on average. That includes the time it takes to type up an affidavit and warrant for him to sign.
In most jurisdictions nationwide, the police can obtain a telephonic search warrant in a matter of minutes. Because of a very foolish county prosecutor where I work, that option isn’t available to me.
Good point. 