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Old 07-02-2003, 05:59 PM   #1
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Question What is probable cause?

I know that there has to be Probable cause that police can search you and/or youre car; but what exactly is probable cause?
does anyone know?
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Old 07-02-2003, 06:10 PM   #2
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Probable cause is somthing that gives the officer suspicion to search you or your car. For instance scent of weed would be probable cause, him seeing a baggy under your seat that looks like weed could be probable cause. So its basicaly just evidence that a officer can pick up, which legaly gives them the right to search you or a car.
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Old 07-02-2003, 06:14 PM   #3
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Here where I live the smell of pot isn't probably cause to search anything but actually seeing pot is, but by then your already ****ed.
It's like if a cop sees a hand coming out of the trunk of your car, he has probable cause to search your car because there is probably a body attached to that hand.
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Old 07-02-2003, 06:17 PM   #4
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Where there is smoke there is fire.
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Old 07-02-2003, 10:00 PM   #5
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Quote:
Originally posted by haupmann
Where there is smoke there is fire.
have old cigarette butts and a pack of cigarettes in the car heh
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Old 07-02-2003, 11:08 PM   #6
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i didnt mean just pot related i also mean what if he pulled you over for speeding is that pobable cause for searching you and youre posessions? and what other laws if you broke can he search you for?
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Old 07-02-2003, 11:37 PM   #7
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Speeding is not probable cause. The officer needs certain things that would lead the average person to conclude there is something illegal in the car.


Here is something that will help you out:

<co.alameda.ca.us/da/pov/documents/carsearchessummer2003.pdf>

That site has resources everyone here should check out. ALOT of information that is very usefull.
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Old 07-03-2003, 04:46 AM   #8
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haupmann i tried going to the site but it could not be found. and where is nightshift when ya need him?
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Old 07-03-2003, 07:01 PM   #9
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http://www.co.alameda.ca.us/da/pov/d...summer2003.pdf
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Old 07-03-2003, 09:28 PM   #10
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Quote:
Originally posted by haupmann
Speeding is not probable cause. The officer needs certain things that would lead the average person to conclude there is something illegal in the car.
I think there's a slight technical error, in that the "average person" isn't a correct comparison. From what I know, cops can use whatever training they have had, such as knowledge of certain signs of intoxication, and other signs in a car.

The average person standard isn't low enough, because the average person might not be able to recognize PC...
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