| Prudz_lude |
just curious about this.
I got a enlarged exhaust ticket half a year ago and fought it and won. Anway, to make the story short the cop took a piece of paper and pressed it against my exhaust for evidence of the exhaust. Even with it he still lost based on what i argued with but it still has me wondering if he can legally touch my car without my premission? |
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| newaccorddriver |
quote:
Originally posted by BLOCKER
Yes
so does this work the other way with me touching a cop car without permission? |
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| BLOCKER |
Why would you?
in Prudz_lude's case, the police officer was gathering evidence to prove an offence.
Would you randomly go up and touch someone car? take your index finger and touch the hood? probably not. Would you lean on someones car without their permision? If it was my car, personal or work, I would probably ask "what the F*** are you doing."
There is no law stating you cannot touch a police car. There is just common curtosy.
I find people extremely ignorant when it comes to vehicles.
I have had many situations when showing the tiburon where someone would just come up open the door and sit it in without asking. Their response "I pay taxes." They don't seem to care that there is a $10,000 paint job on the car, or that the car is not even owned by the city... just plain ignorance.
Again, There is no law stating you cannot touch a police car, however if you do it to prove a point, in other words be and as***le, you will be treated as such...
And on another note, If you are told to touch a police car, I suggest you do so and don't take your hands off till you are told. |
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| ~sanj~ |
quote:
Originally posted by BLOCKER
And on another note, If you are told to touch a police car, I suggest you do so and don't take your hands off till you are told.
:lol: |
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| Dan_Gyoba |
quote:
Originally posted by BLOCKER
And on another note, If you are told to touch a police car, I suggest you do so and don't take your hands off till you are told.
This quote is pure win.
I personally will not touch anyone else's car without permission, and then only with the respect and consideration that I'd expect someone to treat my car with. It seems like common sense to me.
As to the original post, to the best of my knowledge anything that's outside on your car is fair game. It's exposed to the public, and unless the person is going to DAMAGE the car, there's no crime involved. If I wanted to go up and press a piece of paper to your car when it's parked on the street, there's no crime involved. It is, of course, a different matter if I wanted to "touch" your window with a glass punch.
As a question to Blocker (Or another officer)
As I understand it, stuff INSIDE your car is another matter. I think that this is private property, and in order to search it, do you need either permission or a warrant?
I realise fully that if there are reasonable grounds to suspect something illegal in the car, the alternative to granting permission to the officer is likely to be having your car siezed until such time as the officer either gets or is denied the warrant.
Or have I been watching too many crime dramas again? :D |
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| Ayeso |
From what i remember its anything thats visible is fair game, ie he can look inside see beer cans on the floor etc.. but he cannot go into the trunk / glove box..
but i just remember that from another thread. It would be nice to have a clear answer from blocker. |
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| BLOCKER |
quote:
Originally posted by Dan_Gyoba
This quote is pure win.
I personally will not touch anyone else's car without permission, and then only with the respect and consideration that I'd expect someone to treat my car with. It seems like common sense to me.
As to the original post, to the best of my knowledge anything that's outside on your car is fair game. It's exposed to the public, and unless the person is going to DAMAGE the car, there's no crime involved. If I wanted to go up and press a piece of paper to your car when it's parked on the street, there's no crime involved. It is, of course, a different matter if I wanted to "touch" your window with a glass punch.
As a question to Blocker (Or another officer)
As I understand it, stuff INSIDE your car is another matter. I think that this is private property, and in order to search it, do you need either permission or a warrant?
I realise fully that if there are reasonable grounds to suspect something illegal in the car, the alternative to granting permission to the officer is likely to be having your car siezed until such time as the officer either gets or is denied the warrant.
Or have I been watching too many crime dramas again? :D
I will try to keep this response as short as possible, because there is a lot techincal stuff when dealing with warrants.
If a police officer wants to search your car for evidence of an offence, he needs to have Reasonable and Probable Grounds (RPG) to do so, In certian curcumstances a warrant may be obtained prior to search. You can always consent to a search as well.
Example (1), if you get pulled over for tinted windows. While the police officer is obtaining your documents he sees a handgun in your glove box (plain view). you then get detained (improper transportation of fire arm) and arrested, that officer now has the authority search you vehicle "inciedent to arrest."
Example (2), police obtain source information your vehicle has a hand gun in it. They can pull you over, detain you, but would likely need a warrant to search the car (depending on circumstances)
Example (3), You get pulled over for no registration, the officer tows your vehicle. Police are allowed to do a search for "inventory." Police can do a search of the vehicle to ensure there are no valuables that may cause the service a liablitiy issue. If something unlawfull is located the would need a warrant to continue to search.
Hope that helps |
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| Blue-Wolf |
So here is one for you blocker, I got pulled over and had my car searched. Before it was searched, my coat was pulled down behind me, then I was handcuffed. They searched my car and would not tell me why (2 officers in an unmarked vehicle). Afterwards, they told me they were searching for drugs because I had passed beaver park downtown a few times (Cruising) and had slowed down (to talk to a couple girls on the sidewalk). They felt that was reasonable cause to cuff me and search my car?
Not trying to be miserable, but WTF??
This happened before the park was 'renovated' however. |
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| BLOCKER |
quote:
Originally posted by Blue-Wolf
So here is one for you blocker, I got pulled over and had my car searched. Before it was searched, my coat was pulled down behind me, then I was handcuffed. They searched my car and would not tell me why (2 officers in an unmarked vehicle). Afterwards, they told me they were searching for drugs because I had passed beaver park downtown a few times (Cruising) and had slowed down (to talk to a couple girls on the sidewalk). They felt that was reasonable cause to cuff me and search my car?
Not trying to be miserable, but WTF??
This happened before the park was 'renovated' however.
Hasn't Beaver Park always been a hang out for queer folk?...
:stickpoke
I don't realy understand the coat being pulled down, I don't know what you mean.
You were handcuffed for "officer safety" It is common practice, you can understand they wouldn't want you pulling out a knife, running away ect.. while they were searching the car.
If they had RPG's the search may have been lawful, honestly though, I can't comment too much as I don't have all the details, and I am only hearing your side of the story.
Downtown policing is different than South East/ South West/ North/ West. One could only hope that the officers would have explained what they were doing. Understand that on a daily basis Police Downtown deal with the scum of society. Not to say your scum because you were downtown. It is possible that they thought you were another "dial-a-doper." I appoligize if this incident has soured your opinion of police, but please realize that we are all human. Some Police tend loose sight of the fact that everybody is not a shithead.
Sorry I can't offer more. |
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| DivineRight |
Prudz_lude, are you the dude who stands outside on his door step with a broom in hand telling everyone who walks on the sidewalk near his place:
"Don't take a step onto my property or else you'll get it with this broom!"
If someone walked up to my car and touched it for no reason, I'd assume that he was either trying to break in or damage it. Is that what you thought the big bad police officer was trying to do?
What a stupid question :blink: |
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| Beagles |
^
quote:
just curious about this.
He was just curious about what the dealio was.
No need to be a jerky joe about it.
(no offense to anyone named joe) |
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| AuZZZie |
I've been wrongly accused like Blue Wolf a few times. Fortunately they've always been pretty good.
Got pulled over in my winter beater cause I matched the description of a known car thief in the area. She appologized for wasting my time and I jokingly let her know I'd make one shitty car thief if the POS I was driving was the best I could steal.
Another time they profiled me as a drug dealer cause of my car in my neighbourhood. After showing some paperwork etc and flat out telling me they suspected me of dealing.. The conversation ended up comparing engines somehow. Those two cops where by far the coolest I'd ever dealt with.
Go along with it and it usually pays off.. I use to get all up in arms about it.. But that never turned out too good. |
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| Dan_Gyoba |
quote:
Originally posted by BLOCKER
If a police officer wants to search your car for evidence of an offence, he needs to have Reasonable and Probable Grounds (RPG) to do so, In certian curcumstances a warrant may be obtained prior to search. You can always consent to a search as well.
Not to infringe on AudiInProgress' territory, but the word is circumstances, isn't it? :D :stickpoke:
Okay, this is pretty much how I understood it, plus the "plain view" part. I suppose an empty beer can in plain view would count, as something that could trigger an arrest/search?
Anyway thanks for the info. |
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| GOT BOOST |
quote:
Originally posted by Dan_Gyoba
Not to infringe on AudiInProgress' territory, but the word is circumstances, isn't it? :D :stickpoke:
Okay, this is pretty much how I understood it, plus the "plain view" part. I suppose an empty beer can in plain view would count, as something that could trigger an arrest/search?
Anyway thanks for the info.
Make sure they are in the cup holders and also have two cold ones in the hat.
As for the searches, I have neither the time, nor the interest to dick around if my car is being searched.
My rule of thumb is go ahead. If you find anything interesting or any dead bodies I am sure you will let me know.
Usually if you treat them with respect, then you will get respect back. Afterall you are being pulled over and or questioned for a reason. |
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| Prudz_lude |
quote:
Originally posted by DivineRight
Prudz_lude, are you the dude who stands outside on his door step with a broom in hand telling everyone who walks on the sidewalk near his place:
"Don't take a step onto my property or else you'll get it with this broom!"
If someone walked up to my car and touched it for no reason, I'd assume that he was either trying to break in or damage it. Is that what you thought the big bad police officer was trying to do?
What a stupid question :blink:
you are an idiot. The reason i asked that question is for future court appearances involving enlarged exhaust tickets. I wanted to know if what he did was considered illegal without permission so that if he did do that in the future i could bring that up and have the ticket thrown out without question. |
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| BLOCKER |
I think your question was answered
Closed |
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