If police see closed can of beer in rear seat of vehicle during stop, is this probable cause for drug search?
you really need to talk somebody who knows Illinois state law. That is what they're going to get you under, and a good lawyer. There is a case Arizona v. somebody I can't remember right now. The summary is that they police can stop you for cause. They thought this man was a suspect in a nearby robbery so they stopped him and patted him down. No Gun nor stolen goods. however they did find a pack or MJ in his pocket. It was deemed inadmissible by the courts eventually upon appeal because the police can make up a probable cause that is unrelated to what they were looking for. However you are probably in trouble because the courts will most likely find that alcohol in the backseat is enough cause. Find a good criminal defense attorney or plea. Doesn't matter that it wasn't your beer. You were driving the car.
Can police drive vehicle without permission?
If I arrest someone in the course of a traffic stop and there is not another licensed driver in the vehicle, I always impound the car. I do not leave the vehicle parked on the side of the roadway for someone to come and get it later because it's a liability. If I leave the car there and it get stolen, broken into or vandalized, the owner files a complaint/suit against me and my department saying that it's my fault the car was left there unattended and thus made vulnerable to theft/damage. So, the bottom line here is I'm not accepting that kind of liability. I don't have to search the vehicle in order to impound it. Impounding the vehicle, in an arrest situation, is done for safekeeping, and no other reason. As for the driving part, I think you probably mean that the officer drove your vehicle a short distance to get it off the main roadway while waiting for the tow truck to arrive (or something like that)? We have an obligation to get the roadway cleared as soon as practical and if your vehicle being in the travel portion of the road causes enough of a hazard, it should be moved as quickly as possible.
Are Police officers allowed to touch your vehicle during a stop?
I was stopped during the afternoon while going to work. I pulled off into a parking lot and turned off my car. The polic officer came up to my window and another went around to the passenger side. Police 1: License and registration I give it to him. Police 1: Do You know why I pulled you over? Me: No, not really. Police 1: You were going 40 in a 25. Me; Oh, I'm sorry. Now, I have a hearing problem in my left ear. The police officer asked Police 1: What's your address? I thought he asked if my address had changed so I said Me: It's the same one on my license. This made him upset. Police 1: Ok, get out of your vehicle. Me: (confused) Sir? He then grabbed the handle and opened the door, then backed away. I got out and he then tells me that he's going to let me go with a warning. They then left. I'm not exactly sure, but i dont think they are allowed to touch unless given permission to search. Which is why he let me go with a warning.
Can police search your vehicle if...?
The probationary status of your passenger does not negate your US Constitutional rights to unlawful or unreasonable search. A cursory search of your car was enough to determine if your passenger was in violation of probation. That means looking at the interior, seats, floor, etc. It might even include searching your passenger's person for weapons, drugs, or open alcohol. It does not include searching your pockets, purse, glove compartment, etc. By law, they need a search warrant for that, unless they have "probable cause" to believe a crime is being committed. Your pockets are definitely out of the control of your passenger and has nothing to do with his/her probation. They either need your permission or "probable cause" to search those areas. Probable cause is defined as- "facts and circumstances that would lead an normal person of reasonable intelligence to believe a crime is being committed". For example, if the police smelled marijuana in the car or on your clothing, they would have probable cause to search for marijuana. If they saw an empty-brass shell casing on the floor, they might have probable cause to search the vehicle for a firearm. The fact that your passenger is on probation does not qualify as probable cause to search your pockets or trunk. The police cannot assume a crime is being committed simply because your friend is under probation. You were hoodwinked by the police. Unfortunately, there is not much you can do about it without evidence. It will be your word against theirs and the courts will believe them first. You do not lose your rights because someone else is on probation. .
If you do not consent to a search in a traffic stop, can the police bring out the dogs?
I sent my son and his friend (in his friends car) to the store at 11:00Pm. On the way back they were followed and pulled over right in front of my house. The officer stated it was for the window tint being too dark.. At night? OK.The driver was upset and refused the optional “may I check the interior of the vehicle?” So, of course, the K9 was brought in. Now I was just a bystander, about 10 feet from the car. As the K9 officer walked the dog around the car he came back around the rear and stated “STITCH-STITCH” to the dog. AT that point the dog went nuts. In which the officer said that the dog alerted and therefore gave them the right to search the vehicle.About 20 minutes later, after the car was searched and nothing found. The original officer started talking to the driver about the year of the car and how nice it was.This is about when I noticed that the K9 officer was attempting to quiet down the K9 Shepherd by reaching in his pocket, pulling out a tennis ball and going…”STITCH_STITCH” with the dog, who wanted to play with the ball.Is that it? Train the dog to alert at any given word. And allow for a search?Everyone, Officers and the public, has been very informative and helpful. But the general point has been missed several times along the way. The K-9 officer basically trained the dog to lie for him. He created a situation that allowed him to access any one’s vehicle for any reason. This is how Marion Co. Fl officers are trained, not the dog. Well, until now. It’s just that somewhere along the way the police lost the courtesy and compassion to the public that should be top priority. Or at least a consideration as a human being.And we never complained that a few years ago my wife got pulled over a mile from our house. (Never met a police officer before-for any reason.)And I forgot to renew the tag at 6 days late. So what should he do??#1. Vehicle has been registered for 4 tears prior. - Give her a warning and 20 minutes to fax the proper registration…?#2.. Threaten to jail her. Set a court date. Get a $150 fine. 10 hours community service. Points on her license.#3. Go with number 2 and have to live with her for the next month.I would have taken the jail time for the court because of number 3.
Can a police officer search a minor without permission of a parent in the state of Virginia?
They do have the right to "pat" you down. A right given to law enforcement under the landmark case Terry v. Ohio. If they smelt burning or burnt marijuana coming from your car, they have every right to search it as well. They have evry right to question you about it since it was your car. However, if they are going to ask you questions that may be used against you in court, you should be advised of you Miranda Warnings before hand. Your friend got a ticket for tobacco and you got nothing. One of two possibilies here. You may have gotten off scott-free or the officer could have documented the evidence and forwarded the information to the juvenile court for them to decide if they will pursue charges against you. This would occur because possession of marijuana is a felony, whereas the tobacco is strictly a status offense. The police have approximately 7 years to file charges for a felony offense. And yes, they can do all of this without ever having spoken to your parents first. The only time they are required to notify your parents is when you are in custody and being charged with a crime. They then have a duty to notify a parent or guardian. They would do that for two reasons. 1) To arrange for a parental release in lieu of transport to juvie. 2) If the chages are significant enough, they may have to put you in juvie. If they are, they have to notify your parents before they do it.