Do cops ask to search the truck?

You're not getting it. Once you're pulled over or detained or questioned, reasonable suspicion has ALREADY been established BEFORE you were pulled over.

 

Not disagreeing with anything in this post.

 

....one would hope and trust in that.

 

Completely different rules at the border; Google "border search exception".

Having travelled internationally a fair amount, the understanding is that you have very limited rights when transiting borders. Once you have gained entry to a country, then whatever laws, rights, etc., that apply normally are in force.

 

I don't know. I thought at the time it was to check that the laptop worked and wasn't like.. a dummy case to hold drugs or something.

 

They search the hard drive for signs of child porn.

 

When I was in college and we went over this ther was a limit on what they can search for.. First off a LEO has the right to inspect around your immediate area (Anyplace you can reach) for weapons & his personal safety. We call it the "wingspan rulle in my home state".

When a warrent is presented it has to say what it is they are looking for.. If it says a elephant they can't look in your glove box... he wouldn't fit in there so any search and anything found there would have been obtained illegaly. (This is for a warrent only) If you give consent to search then it's telling him he can look anywhere he wants to.

If your in enough trouble to be brought into the jail for a serious enough offense the LEO is going to have to look in your car anyhow to do a "inventory" so nothing comes up missing during transport, storage, and when you pick it up. I have only been asked 1 time in 18 + years of driving. I politely declined saying it was perfectly in my right to do so. If the officer has enough probable cause he is going to anyhow, but if you refuse and he searches anyhow anything he finds is going to be questioned weather it was obtained in a legal search in court.

Does anyone else agree with me??

 

Almost....

I talked with my LEO buddy the other night about this again.


Terry Stop comes to mind for me.
http://www.law.cornell.edu/wex/terry_stop

Just because he stops you as you are driving, still doesn't give him the right to search even your immediate area. Now, if he sees something "in plain view", that's another story.

Good reason that if you are stopped, to not open your door to LEO. Let them talk to you through the window. Especially if they are standing on the ground. Or better, on the shoulder side running board.

But there is still the definition of "reasonable person" and "prudent" that come into articulating.

 

Allot of correct info on here and some wrong stuff. Wether a serch of a person or vehicle is conducted depends on multiple things. Every situation is different. That is why laws are interpreted by the court. What law enforcement can do one week the court will rule unconstitutional the next week. My advice is this. If you are asked (consensual search) if your person or private property (or property you have control over) and you don't want to be searched just say no. They may still search it and then you can file a complaint or if they find anything they will have to show probable cause in court to conduct a warrant-less search.

 

I have been asked by a LEO to search my vehicle.... At the time it pissed me off. He was being an ### and I believed even asking to search my vehicle was completely unwarranted.

My pat answer is:

"Officer, you have a gun and a badge, I will not attempt to hinder you from doing anything you wish. But just to be perfectly clear, I in no way, shape or form give you permission to search my vehicle. Is that perfectly understood?"

He turned, got into his car and left without a word.......Truthfully, I was somewhat shocked!

I have nothing to hide..... But I'll be ###### if I give some punk cop the opportunity to tear my vehicle apart!


"The only thing worse than a thief is a thief with a gun and a badge!"