Cop searches my friend's car: What Rights?

“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”
-Ben Franklin

Who cares if you have NOTHING to hide. We should not be allowing our government to just randomly search every car on the road for the hell of it. It is a blatant invasion of privacy and is completely out of line with the ideals this country was founded on.

Were both guys white?

2 hours out of your life is fairly insignificant if you ask me. Sure it may suck for the day, but let’s be real here. It’s not shortening your life span. These processes usually go a lot faster when you just cooperate, let them do their job and then get sent on your merry way. I’ve learned that with multiple border patrol stops.

+1

How about lets not be jerks to each other, and not throw our “authority” in your face. Seems like an easy enough policy.

It’s amazing how many people are in favor of this sort of thing as long as it doesn’t happen to them. Today’s law enforcement agencies, police and otherwise, have the deck stacked in their favor. Police work was a whole lot harder back when you actually had to do the investigating by the book and get a warrant.

There’s one of two things going on here:

  1. There’s more to the story and there actually was some sort of probable cause.

or

  1. The cops were actually abusing their authority.

Let us know if more evidence ever comes up.

---------- Post added at 12:01 PM ---------- Previous post was at 11:53 AM ----------

As for rights, in the context of government they are something that exist unless taken by force, not something that can’t be taken at all. Ultimately, the only thing that can’t be taken from you is the gap between stimulus and response where we put our thoughts and feelings. For further reading, see Viktor Frankl.

:awdrifter:

meh,
if a cop has resonable suspicion that there is a weapon in the vehicle, he can do a “frisk” of the vehicle, basically searching what ever is in arms reach of the driver. Your friend told the cop he had a gun in the car, the cop has every right to go inside that car and take the gun for the duration of the stop.

Now: what he can’t do, is open a locked glove box, or open the trunk. If he did any of those things, then he violated your friends 4th adm. rights.

This.

Odds are HLS was running the show. Local guys always respect each other and certain FED agents like to dick swing when they feel the need. It could also be some sort of inside tip or intel of cops getting in on the action. Money trumps logic these days.

At least in Ontario i know its always gone like this:

“Sir unless im being detained for something im leaving”

they ALWAYS will say they have probable cause but they must tell you why not just keep saying it, and unless they tell you that you are being detained you can leave. keep asking for your ticket and tell them unless you are being detained your leaving

(same applies if you have illegal things on you and they ask to search you personally)

and also according to the 5th amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[1]

Just stop talking to him all together, ask to speak with his supervisor. 99% of the time they will back down

Also…
Search of motor vehicles: the 4th amendment protects you under search and seizuer law, however A police officer pulls you over for speeding and a subsequent traffic citation is issued or a written warning or a verbal warning is issued to the driver. the officer may now ask you simple questions as to wether you have any illegal substances or weapons in your vehicle. If your answer NO… the officer may still ask you if he can conduct a search of your motor vehicle. If you allow the officer to search your car he or she may do so and only to the point you ask them to stop, unless they found something illegal, other wise the officers must stop the search at that time. However if, during the officers investigation they happen to see something illegal or suspicious in PLAIN VIEW he may conduct a lawful search of the vehicle without your permission. Also if for some reson your or anyone in you car is arrested for anything, the officers now have what is called SEARCH INCIDENT TO ARREST. the vehicle is now subject to a complete search. If you are stopped and there is illegal narcotic or parphernailia in the car and it is not in plain view of the officers, a K-9 may be called to the scene at anytime to walk around your vehicle. K-9’s are trained to smell any amount of narcotics no matter how small and it doesn’t matter where it is the K-9 will hit on the smell and alert the officers that narcotics and or paraphernalia are present in the vehicle. Now…you, your car and everyone in it is subject to probable cause search. All of which leads to an arrest.

The Ontario 5th amendment? Like this one? http://www.supernova.com/fifthamendment

nine…

eleven.

There is more to this story. ie how far from the border were they if they were on a highway leading from the border and there is certainty of a border nexus, then the search falls under the border search exception of the 4th amendment and no probable cause or suspicion is needed. Also FBI checkpoint I dont think so, I am sure they were agents but more likely from ICE. ICE agents look like FBI but they are not, and these checkpoints are often performed with local law enforcement because the local cops don’t have authority of border search as federal agents do. I believe there must be more to the story as there are many reasons the cops could have found probable cause maybe they was a box of amo in the back seat or something else in plain view. More details are needed to say if these cops abused their authority. Federal LEO dont want complaints and wouldnt have wasted their time unless there was some level of suspicion. But there is also the possibility that they ran into a super cop.

If you don’t want to get searched, and they say you are getting searched you have to kill everyone at the check point. It will be quicker than getting searched but I think in the long run you are making it harder on yourself.

Rights really don’t exist. It is such a stupid word. It’s about power. You can do what you can get away with, and they can do whatever you don’t have the power to stop them from doing.

<3 lol

If you did that you’d get like a 15-20 point kill streak… you could probably call in a harrier air strike or tactical nuke and get away just fine. Well, until the next round anyway.