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FlaToker

There may already be a thread about this but, I was just wondering can an officer make up probable cause to search your car. Like say I was driving down the road and a cop pulls me over and asks to search my car, I ask him if he has a warrent and then he says "No but you were swerving (sp?) around the road" even if I wasnt would he be able to search my car legaly?

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weedzinger

I dont think they can legally make up PC. Pretty sure actually.

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Scuba-Steve

he would have probable cause to pull you out of the car and give a dui test, if you fail he can search the car. at least thats what i was taught. in that situation. but no, cops are not allowd to "make up" probable cause, but sometimes it may seem to you they are.

Niteshift

Stopping you for swerving is not probable cause to search your car. Nor is any civil traffic violation in FL.

CAN an officer make up PC? Yes. Just like you CAN go into court and lie under oath. Just because you can do it doesn't make either of them right or legal.


That's why I love video so much.

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FlaToker

Do those little cameras on the dash of cop cars capture everything all the time or does the cop turn it on and off I was wondering because if the video was on it would hard for him to say I was doing stuff I wasent.

 

Niteshift

It depends on how the camera is set up. Some come on when the red/blue lights are turned on. Some are officers activated. Some just run all the time.

BTW, just because you're not near the car, does not mean you're not being recorded by that camera. The wireless mic portion is still recording.

And if I'm using a vehicle without a camera sysytem, I'm still audio recording.


And trust me, nothing, and I mean nothing, will make you look worse in court than if you say the officer said or did something and the tapes show he clearly did not.

goldberry

Well, that's true. It would also make you look very stupid since you have the right to look at those tapes before you go to court.

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Niteshift

Not always Goldberry.

For example, there is no right to discovery in this state for civil infractions, which includes the majority of traffic offenses, the nderage zero tolerence alcohol law and underage possession of tobacco.

So they don't get to see the tape prior to court in all cases.

And, if pot were decriminalized and made a civil infraction, like some other states have, they wouldn't have the right to discovery then either.

goldberry

I didn't know that some states had that rule. Is it the majority of states?

Mamabudz

So there would have to be actual knowledgeable consent to the search of the vehicle. What about the person?

~ always interested ~ Knowledge being my favorite method of Mind Expansion ~

....and Milk and an Oreo for my Fav. FLA Leo...

Hugz,

Mama Budz