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  • Search question for vehicles.

    Hey guys and gals, im i will be graduating the academy this week, im 27. Saw something today on campus PD when i was fliiping thru the channels. The arkansas cop stopped the guy who was driving with his GF, after the owner/operator agreed to a search of his wingspan area on the car, the officer said he smlled "pot odor on the seats" but recovered no weed or paraphanalia. He said that gave him enuff PC for a complete vehicle search and including the purse and any bags in the car. Now my question is, does that include the rear seats even though no one sat back there? and how does it include that GF"s purse?.....long story short, they did find drugs in her purse, and she took a ride for it in the end, but would our 4th ammendment rights protect her from that search, or does that PC to search the car over rule people's personal effects(i.e. a purse)....even in the academy this was a hairy issue to me, i always figured departmental policy would depict what can and cant be done for the most part? including searches.

  • #2
    If you are graduating the academy in a week, you should already know the answer to this question. If your academy is so lax that you honestly don't know, ask one of your instructors. I would expect this kind of question from a regular resident, but someone "graduating the academy?" No.
    sigpic
    Originally posted by Smurfette
    Lord have mercy. You're about as slick as the business side of duct tape.
    Originally posted by DAL
    You are without doubt a void surrounded by a sphincter muscle.

    Comment


    • #3
      Wow, really?? That is search and seizure 101. You might want to go back through the academy again. You must not have been paying very close attention.
      Originally posted by kontemplerande
      Without Germany, you would not have won World War 2.

      Comment


      • #4
        I'm glad that most of the people on this board are on the same page for questions like this. It's one thing if a civilian is looking for an education but for an individual to claim he's about to graduate a police academy it's a different matter. I saw the same episode the other day. Do you really think a department would allow a 4th amendment violation to be aired on television for a show? Google the Carroll doctrine and commit it to memory. It might be on your final exam. Also, you might need to be familiar with it once you're on the street. EDIT - The last sentence was sarcasm.
        Last edited by Hearno; 12-05-2010, 04:44 PM.

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        • #5
          Originally posted by PT rock View Post
          even in the academy this was a hairy issue to me, i always figured departmental policy would depict what can and cant be done for the most part? including searches.
          Wow if this was a "hairy" issue for anyone in my academy they wouldn't have been there for long. They would have had to nail it cold or go home and look for a new job.

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          • #6
            thank you all so very much for that.

            Comment


            • #7
              Your welcome

              Comment


              • #8
                Yes, you can smell the seat as much as you want.
                Moooooooooooo, I'm a goat

                Comment


                • #9
                  Originally posted by JSD73 View Post
                  Yes, you can smell the seat as much as you want.
                  . The vehicle, not the girlfriend
                  sigpic

                  I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

                  Comment


                  • #10
                    In VT, absent permission or a warrant to expand the search, it would NOT be allowable here. US Supreme Court rulings have very little bearing in this state...

                    Comment


                    • #11
                      Any substantial time on this job will turn the most trusting person into a very cynical and skeptical person (and that is not a bad thing).

                      Most of us have been through very good training programs, but I think we sometimes fall into the trap of forgetting that there are places throughout the Country where the Academy is not so great. I can think of a few off of the top of my head (spent two years as a FAM and worked with guys/gals who came from all over...).

                      While on its face, the OP's post may seem a bit suspicious, I don't see anything that really screams "I'm a poser" like we have with so many other persons on this forum.

                      I'm gonna give him the benefit of the doubt and say that he may very well be exactly what he says he is, and just happens to be in an Academy where this issue wasn't covered to the degree that it should be.

                      Personally, my first civilian LE Academy was extremely good, more hours than even CA POST and top-notch instructors (most were active/former LE, even in the odd classes such as stress/health), yet having been through other Academies I recall a couple of issues that that first Academy seemed to generalize a bit too much for my taste (possibly just due to that specific instructor).

                      I do agree that this is probably not the best place to answer this question due to OPSEC, but I think we should give the OP the benefit of the doubt.

                      Just my two cents.

                      -V

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                      • #12
                        Just too change the Subject (because that's how I roll) the Cop you are talking about has the same name as my brother, and he even looks like he belongs in our family. I need to track him down and see if we're related.
                        Preliminary Background Check = Pass
                        Civil Service Test = Pass
                        Physical Fitness Test = Pass
                        Police Interview Board = Pass
                        Civil Service Interview Board = Pass
                        List Complied = I'm #2
                        Background = Pass
                        Chief/Admin Board = Pass
                        Offer of Employment = Given and Accepted
                        Physical/Psych Exam = Pass
                        Drug Screen = Pass
                        Start Date = Dec 13
                        Academy Date (I'm shooting for) = 2 Jan 11

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                        • #13
                          When in doubt, if it's on TV, it's totally legit.

                          That goes for CSI, Law & Order, and Hawaii 5-0.



                          Oh, and how does one consent to a "search of the wingspan area"?
                          “The man in black fled across the desert, and the gunslinger followed."

                          "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

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                          • #14
                            Originally posted by JTShooter View Post
                            When in doubt, if it's on TV, it's totally legit.

                            That goes for CSI, Law & Order, and Hawaii 5-0.



                            Oh, and how does one consent to a "search of the wingspan area"?
                            Does searching the "wingspan area" only cover birds?
                            Certified troll.

                            Comment


                            • #15
                              Airplanes. You can search airplanes within the vehicle.


                              With consent.



                              After you sniff it.
                              sigpic

                              I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

                              Comment

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