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  • vehicle searches and expectation of privacy

    Here's one,

    In my criminal justice class we have been discussing searches and seizures. Alongside of this we have been discussing things that are and are not considered to be " an expectation of privacy" in correlation to an officer searching a suspect and or a vehicle. Now, When an officer searches a vehicle based on his/her reasonable suspicion, I was under the impression that the officer is able to search the entire vehicle very thoroughly. Contrary to my belief, my professor stated that officers may not search an area that is not in "lunging" distance; including the trunk. So from my understanding she was basically saying that during a vehicle search, officers are not permitted to search the trunk ( But this only applies if it is not accessible from the driver's cabin).

    Does this sound right to you all?

  • #2
    So... are you asking us where you should hide the bong?
    Look sharp, act sharp, be sharp.

    Comment


    • #3
      hahaha absolutely not, I asked because I was genuinely interested and wanted to get feed back from professions who are in the field. ( like yourselves) I am actually a current applicant with my local PD and dream of becoming a police officer. Her lecture kinda threw me off and thats why I asked on here.

      Comment


      • #4
        Originally posted by SquareLife View Post
        Here's one,

        In my criminal justice class we have been discussing searches and seizures. Alongside of this we have been discussing things that are and are not considered to be " an expectation of privacy" in correlation to an officer searching a suspect and or a vehicle. Now, When an officer searches a vehicle based on his/her reasonable suspicion, I was under the impression that the officer is able to search the entire vehicle very thoroughly. Contrary to my belief, my professor stated that officers may not search an area that is not in "lunging" distance; including the trunk. So from my understanding she was basically saying that during a vehicle search, officers are not permitted to search the trunk ( But this only applies if it is not accessible from the driver's cabin).

        Does this sound right to you all?
        You have so many things wrong here I don't know where to begin... well I know where to begin. I just don't have the time or patience....

        Comment


        • #5
          Ok, for the one millionth time. WE DO NOT DO YOUR HOMEWORK FOR YOU!!! We will also not tell you where to hide your bong. We'll find it anyway.
          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


          • #6
            Originally posted by FJDave View Post
            Ok, for the one millionth time. WE DO NOT DO YOUR HOMEWORK FOR YOU!!! We will also not tell you where to hide your bong. We'll find it anyway.
            I' am actually very capable of doing my own homework. My question was a general inquiry that i simply wanted to know. I thought this was ask a cop? so keep your count at 999,999

            Comment


            • #7
              Originally posted by SquareLife View Post
              I' am actually very capable of doing my own homework. My question was a general inquiry that i simply wanted to know. I thought this was ask a cop? so keep your count at 999,999
              lol, you just ruined any chance of anyone answering your question. Go fail your test. We don't care.

              Comment


              • #8
                Are you looking for a valid point to argue with your Professor? When you are tested on this matter, are you going to be tested on what your Professor is teaching you or are you going to be tested on info learned from a forum?

                There's your answer, my young Padewan.

                Comment


                • #9
                  It just seemed odd to me. and to be honest, there have been many inconsistencies in her teachings. Like i said before, i just wanted to know from the professionals. I'm not here to **** anyone off or cause trouble. I support Police officers and law enforcement 110% And theres nothing anyone can do to deter from my goal to becoming a police officer. But when someone tells me to "go fail my test" its a little ironic, especially coming from another police officer. I understand if you all cant go into detail on policy and procedure, but don't make me look like fool for asking an honest question.

                  Comment


                  • #10
                    "The Force Luke, use the Force"........well actually, Google.

                    http://caselaw.lp.findlaw.com/data/c...n/amendment04/

                    Honest question asked, honest answer given. Trust me, if the forum wanted you to look like a fool, there would be no denying the outcome.

                    Comment


                    • #11
                      Originally posted by LAChief View Post
                      Trust me, if the forum wanted you to look like a fool, there would be no denying the outcome.
                      He has done that quite eloquently on his own....
                      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


                      • #12
                        Originally posted by LAChief View Post
                        "The Force Luke, use the Force"........well actually, Google.

                        http://caselaw.lp.findlaw.com/data/c...n/amendment04/

                        Honest question asked, honest answer given. Trust me, if the forum wanted you to look like a fool, there would be no denying the outcome.
                        Thank you Obi-Wan Kenobi. awesome website

                        Comment


                        • #13
                          Originally posted by SquareLife View Post
                          It just seemed odd to me. and to be honest, there have been many inconsistencies in her teachings. Like i said before, i just wanted to know from the professionals. I'm not here to **** anyone off or cause trouble. I support Police officers and law enforcement 110% And theres nothing anyone can do to deter from my goal to becoming a police officer. But when someone tells me to "go fail my test" its a little ironic, especially coming from another police officer. I understand if you all cant go into detail on policy and procedure, but don't make me look like fool for asking an honest question.
                          Listen, youngster....I applaud you for wanting to get into law enforcement. I also applaud you for being in college, but you should have thought a little deeper when you chose criminal justice as your major. Now, on to my scolding....er....well, you know what I mean.

                          Read many of the posts in Ask A Cop. A good 1/3 are CJ students coming here and asking questions to get answers for their class assignments. Each one of those posts reads just like yours does, word for word. So you come here and say you are NOT looking to get a homework answer? Do we believe you? No. We want you to learn how to research your own answers. You will really need that ability and experience if and when you do become a police officer. We have to research laws, case law, etc almost on a daily basis.

                          Also, when you come here wanting info from us, the professionals, you do not get to dictate who says what. If you don't like it, you came here, you can leave the same way.

                          Good luck in your student and LE career dude....and remember.....Google is your friend!
                          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


                          • #14
                            Since I am not as sensitive as many on this forum, here is a recent case from the SCOTUS that you can research on vehicle searches. Good luck with your endeavors.

                            Thursday, January 14, 2010

                            The United States Supreme Court recently re-wrote the law on search and seizure regarding vehicles. Now, if a police officer pulls you over for a traffic violation and then removes you from your vehicle and handcuffs you, he can not then go back into the car to search for drugs and guns (or any other evidence).

                            The old law gave the officers the right to always search the passenger compartment of your vehicle after the arrest in order to look for guns or drugs (or other evidence) that could be destroyed. The logic was that the officers need to protect themselves and preserve any evidence that the arrestee might destroy. In the Supreme Court case of Arizona v. Gant (April 2009), Mr. Gant had an outstanding warrant for driving on a suspended license and that his license was suspended. When he was pulled over, he exited his vehicle and was immediately placed in handcuffs and then secured in the back of the officer’s patrol car. The officer then went and searched Gant’s car and found a firearm and cocaine in the passenger compartment.

                            The Supreme Court held that the drugs and gun found in Gant’s car should be suppressed because the officer did not have a warrant to search Gant’s car. The prosecutors’ argued that they could search Gant’s car after they arrested him under the “search incident to arrest” rule of New York v. Belton. However, the Supreme Court said that, in Gant’s case, he was in handcuffs and secured in the back of the officer’s patrol car, there was no way that Gant could have grabbed a gun or destroyed evidence, so the officer was not allowed to go back into the car to search. Also, since the arrest was for driving on a suspended license, there was no reason to believe that evidence related to that crime would be located in the car. If the arrest would have been for a suspected drug or gun offense, then the search would have been valid as the officers could have searched the car for evidence relevant to the offense for which Gant was arrested. However, the court ruled that the “search incident to arrest” rule does not give officers the right to rummage through a suspects vehicle for every arrest they make.
                            Retired

                            Comment


                            • #15
                              Originally posted by FJDave View Post
                              Listen, youngster....I applaud you for wanting to get into law enforcement. I also applaud you for being in college, but you should have thought a little deeper when you chose criminal justice as your major. Now, on to my scolding....er....well, you know what I mean.

                              Read many of the posts in Ask A Cop. A good 1/3 are CJ students coming here and asking questions to get answers for their class assignments. Each one of those posts reads just like yours does, word for word. So you come here and say you are NOT looking to get a homework answer? Do we believe you? No. We want you to learn how to research your own answers. You will really need that ability and experience if and when you do become a police officer. We have to research laws, case law, etc almost on a daily basis.

                              Also, when you come here wanting info from us, the professionals, you do not get to dictate who says what. If you don't like it, you came here, you can leave the same way.

                              Good luck in your student and LE career dude....and remember.....Google is your friend!

                              FJDave,

                              I sincerely appreciate you taking the time to explain this to me. I'm new to the forum, and did not take in to account the perspective of someone who answers questions such as mine. I was just really taken aback when I started receiving all of responses above. I'm excited and just want to learn as much as I can, so please forgive me.

                              Thank you for your time, and most importantly your service. I admire you all

                              Comment

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