Re: JAMBO97 AUTO Travel tips - radar
Ted Burton (ted.burton@MCCALL.ID.US)
Mon, 5 May 1997 11:47:49 -0600
At 13:27 -0600 on 5/3/97, Paul H. Brown wrote Re: JAMBO97 AUTO Travel tips
> As to the further search, that would be
>> subject to the rather arcane 4th Amendment requirements, but in general,
>> being stopped for possession and use of a radar detector doesn't strike
>> me as sufficient probable cause to warrent a full-vehicle, warrentless
>> search. If the officer asks, and you consent, you've waived your right
>> to object, though.
>The police don't need much in the way of "probable cause" to search an
>auto, these days.
The stopping of a vehicle for an illegal radar detector would never in and
of itself justify a complete vehicle search, however [at least as we do it
here]: The area immediately around the driver is subject to search for
officer safety (p-o'd drivers with guns within reach have killed a number
of officers over the years). If the driver is being arrested the driver is
subject to search incident to arrest. [The other day in Boise a car was
stopped for a broken taillight -- and the driver stepped out shooting. Two
officers were wounded before it was over; the driver was dead.]
Any contraband in plain view from outside the vehicle, or coming into plain
view within the course of a driver vicinity search, is subject to seizure.
[Two winter's ago a driver was stopped for speeding -- with a giant bong in
the back seat.]
If the officer has a trained dog, and the dog 'hits' on some part of the
vehicle, that is probable cause for further search.
If the vehicle is being impounded (driver arrested and no one else in the
vehicle able lawfully to drive it to safety), the vehicle can be searched
incident to impoundment for inventory purposes, so that the police don't
get sued for losing the mythical missing notebook computer that no longer
is (and never was) there.
If consent to search is given, a complete search is permitted.
All these rules are in part based upon the exigent circumstances that a car
can and will roll away down the road and disappear, unlike a home or place
It is always safest to avoid having contraband of any kind around you, in
a vehicle or not. A friend who brings any kind of contraband into your
vehicle is not being a friend. A case does not go away because you claim
your friend stuck the beer or grass in your car. I will dismiss such cases
against the driver if the friend 'fesses up or if there are sufficient
other indications that the stuff is not the driver's, but why take that
risk, and/or why would a true friend subject you to such risk?
Have a wonderful day!
Thank you for listening. Ted Burton, Ore-Ida 106, Tukarica 266,
Alappiechsu Wiechcheu I <<<=-=<I=-=<<< I Talks-Fast Wolf
D.Eagle Rep., Chapter Adviser, Hemene Chapter
Pack 246 CM, Troop 246 MC, Post 246 COR
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Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City