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Captain Planet: can the popo impound your car if you do not consent to a search?

Historical capture recovered from the Wayback Machine · captured 2014-08-05 · 32 posts
Friend of mine's kid was hanging around in a new hampshire store parking lot. They asked to search his car, he said he would not consent to a search. So they impounded it until they can get a warrant to search it.

That doesn't sound very constitutional to me. I don't know if it makes a difference or not, but he passed the field sobriety test before they had the car impounded. He was not pulled over. Car was parked in a grocery store parking lot.
Isn't the whole thing "search and seizure" ?
wow....and captain planet is a great one to ask.

his interpretation of the constitution is up there with sotomayor's. yah, that was a jab.

http://www.nolo.com/legal-encyclopedia/search-seizure-criminal-law-30183.html

IMO, based from the article above, they shouldn't be allowed to do this but they obviously did. Since they weren't given consent for a search the officer obviously felt he had enough "probable cause" or evidence to impound the vehicle and obtain a search warrant.

based on something he saw, or something the kid said?

If he fails to acquire a warrant, I do not see how anything they find inside of the vehicle can be considered court admissible evidence. his lawyer should be able to kick that to the curb quick.

the kid was smart not to consent to the search and in a better world, one we obviously don't live in anymore, the cop is going to have to have some kind of justification, besides blind probable cause, to legitimize that search warrant from a judge who has to sign it.

that, unfortunately, probably isn't the case these days. thanks patriot act and other dumb shit like it.

that link above has some great information in it. way better and more concise than anything i could ever say.
Post edited by Mockery at 4/11/2014 12:44:40 AM
sounds like the cops need a kick in the fuckin nuts.
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The right is more virtuous than the left. They have twice as many virtues because they have double the standards.

Originally posted by: Mr Jimmy Pop
Friend of mine's kid was hanging around in a new hampshire store parking lot. They asked to search his car, he said he would not consent to a search. So they impounded it until they can get a warrant to search it.

That doesn't sound very constitutional to me. I don't know if it makes a difference or not, but he passed the field sobriety test before they had the car impounded. He was not pulled over. Car was parked in a grocery store parking lot.
while I don't agree with what the cops did that seems pretty much the norm from what I've seen. They can impound it for a set period of time to obtain a search warrant
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"If guns kill people then spoons make us fat!"
wow, that just doesn't sound right. so at your expense, they can take your ride to work without reason. seems to me if they had probable cause that they should detain you also.
Originally posted by: Mr Jimmy Pop
wow, that just doesn't sound right. so at your expense, they can take your ride to work without reason. seems to me if they had probable cause that they should detain you also.
im not an attorney so again my experiences could be wrong and the cops are breaking the law. There are so many dam laws it's hard to know what's what
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"If guns kill people then spoons make us fat!"
Originally posted by: Mr Jimmy Pop
wow, that just doesn't sound right. so at your expense, they can take your ride to work without reason. seems to me if they had probable cause that they should detain you also.


wow is right.

and even if they don't find anything, or he can't get a search warrant, they will charge this kid for impound/towing costs.

talk about the ultimate slap in the face. but what else is new? no knock raids, warrant less wiretaps, them spying on our texts, email, it's all part of the new game.

one where they have absolute control and ability to ruin our lives, fuck us over, so that they can justify their existence on our tax money.
we definitely need to start curbing certain police powers and make sure the ones that do violate our rights are in fact duly prosecuted.
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The right is more virtuous than the left. They have twice as many virtues because they have double the standards.

How about this. Wtf. The police just open fire instead of confirming the perp. Pos cops should be charged

http://www.foxnews.com/entertainment/2014/04/11/tosho-production-assistant-accidentally-killed-by-police/


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"If guns kill people then spoons make us fat!"
Originally posted by: Pixel
we definitely need to start curbing certain police powers and make sure the ones that do violate our rights are in fact duly prosecuted.


and i don't think we achieve that by passing more laws, giving them more money in taxes, hiring more cops, and turning this country into a large police state IMO.

http://www.dailymail.co.uk/news/article-2530984/2014s-new-American-laws-Teen-tan-bans-refunds-lemon-pets-home-placentas.html

40,000 new laws/regs already implemented at the start of this year.



just saying. whatever we are doing, under Bush and Obama, we should probably do the opposite for a while.
Originally posted by: Mockery
Originally posted by: Pixel
we definitely need to start curbing certain police powers and make sure the ones that do violate our rights are in fact duly prosecuted.


and i don't think we achieve that by passing more laws, giving them more money in taxes, hiring more cops, and turning this country into a large police state IMO.

http://www.dailymail.co.uk/news/article-2530984/2014s-new-American-laws-Teen-tan-bans-refunds-lemon-pets-home-placentas.html

40,000 new laws/regs already implemented at the start of this year.



just saying. whatever we are doing, under Bush and Obama, we should probably do the opposite for a while.


What is the opposite of golf?
flog....

fornicating on a log
Originally posted by: Mockery
flog....

fornicating on a log


Ok, I'll go with that.

I thought maybe:

Freeing
Libya
Of
Genocide
NOW this thread is bringing the funneh
Labia instead of libya

otherwise same idea
Originally posted by: Mockery
Originally posted by: Pixel
we definitely need to start curbing certain police powers and make sure the ones that do violate our rights are in fact duly prosecuted.


and i don't think we achieve that by passing more laws, giving them more money in taxes, hiring more cops, and turning this country into a large police state IMO.

http://www.dailymail.co.uk/news/article-2530984/2014s-new-American-laws-Teen-tan-bans-refunds-lemon-pets-home-placentas.html

40,000 new laws/regs already implemented at the start of this year.



just saying. whatever we are doing, under Bush and Obama, we should probably do the opposite for a while.


not only that but start to decriminalize drug offenses and make petty crimes carry less jail time. we are the biggest incarcerator of a country than even that fucked up place called russia. it's ridiculous.
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The right is more virtuous than the left. They have twice as many virtues because they have double the standards.

yes...yes...yes x10000000 times

Agreed

At the same time if you commit rape or murder and have a rap sheet you should be executed.
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"If guns kill people then spoons make us fat!"
if there is no victim, there is no crime

if there is a victim, there is a crime

if there is a violent victimization, then it should be dealt with harshly.

just about all of those prioritizes are now ass fucking backwards.
Originally posted by: Mockery
if there is no victim, there is no crime

if there is a victim, there is a crime

if there is a violent victimization, then it should be dealt with harshly.

just about all of those prioritizes are now ass fucking backwards.
i like that!
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"If guns kill people then spoons make us fat!"
Originally posted by: Mr Jimmy Pop
Friend of mine's kid was hanging around in a new hampshire store parking lot. They asked to search his car, he said he would not consent to a search. So they impounded it until they can get a warrant to search it.

That doesn't sound very constitutional to me. I don't know if it makes a difference or not, but he passed the field sobriety test before they had the car impounded. He was not pulled over. Car was parked in a grocery store parking lot.


Yes, they can. Cars (and their owner/occupants) have a lessened expectation of privacy so a cop needs only probable cause. Courts have held an officer doesn't need to obtain a warrant at the time of seizure for cars.

Regarding impoundment, theoretically cops don't even need a warrant to search the car (but maybe they are covering their asses). Cops can perform an inventory search when impounded without warrant. Rationale is that they need to do that to ensure they catalog any of the owner's belongings for safekeeping. Obviously cops also use it as the opportunity to search for contraband.

edit: Here are the exceptions to the 4th Amend.'s warrant requirement:

Exigent circumstances (ex: searching for an armed suspect and looking for a discarded weapon)
Search incident to arrest (pat downs after a lawful arrest)
Consent (obvious)
Automobile (as discussed above)
Plain view (ex: cops lawfully in someone's house and they see a bong sitting out)
Inventory (discussed above)
Special needs (ex: drug testing rail engineers; school locker searches)
Terry Stop and Frisk (the whole NYC thing, this standard is even less than probable cause, called "reasonable suspicion")

edit 2: The 4th Amend. talks about "unreasonable search and seizure." The courts have spent years defining and coming up with tests to determine whether a person has that reasonable expectation of privacy or not. Without it, the government can perform a search and seizure without going to a judge for a warrant.

Post edited by CaptPlanet at 4/12/2014 9:23:34 AM
Originally posted by: CaptPlanet
Originally posted by: Mr Jimmy Pop
Friend of mine's kid was hanging around in a new hampshire store parking lot. They asked to search his car, he said he would not consent to a search. So they impounded it until they can get a warrant to search it.

That doesn't sound very constitutional to me. I don't know if it makes a difference or not, but he passed the field sobriety test before they had the car impounded. He was not pulled over. Car was parked in a grocery store parking lot.


Yes, they can. Cars (and their owner/occupants) have a lessened expectation of privacy so a cop needs only probable cause. Courts have held an officer doesn't need to obtain a warrant at the time of seizure for cars.


that is fuckin' bullshit. no way should they have that right.
Post edited by Pixel at 4/12/2014 2:34:09 PM

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The right is more virtuous than the left. They have twice as many virtues because they have double the standards.

they shouldn't have the right to do half the shit they do to us.

yet we give them more ability to fuck us over and spy on us every single day.

sad reality really.

http://www.digitaljournal.com/news/world/op-ed-dallas-police-association-against-citizens-filming-police/article/380581

Meanwhile many are making it so we can't even film them anymore.

and when it comes to their own video recording equipment they have been caught tampering with it.

http://www.techdirt.com/articles/20140409/07412326854/los-angeles-cops-found-to-be-tampering-with-mandated-recording-devices.shtml
Originally posted by: Pixel
that is fuckin' bullshit. no way should they have that right.


Most of this bullshit starts with a comparison between "subjective" and "objective" expectations. I use quotes because it cracks me up in law what "objective" means. Coming from a science background, the legal definition of objective is just shades different from subjective.

"Objective": A magical, reasonable person in a car, travelling along public roads or on open-to-public property has a diminished expectation of privacy because he or she is knowingly displaying their activities to the public, regardless if anyone actually sees it.

"Subjective": Fuck that noise, I don't let people see everything I'm doing, so I should be able to have some privacy, even in a car.

Result: So sad, too bad. Your subjective expectation doesn't match with with society's (aka the magical, reasonable person) expectation. You lose.
Originally posted by: Mr Jimmy Pop
he passed the field sobriety test


They thought he was intoxicated. I'm pretty sure there's more to this story. The cops probably were concerned about him driving down the road drunk.

They did the right thing! Your friend needs to be a little more upstanding and less of an asshat.
Originally posted by: Mockery
yes...yes...yes x10000000 times



While it looks like an enthusiastic clap, its really an ego manic clapping for the shitty performance of his wife's career as a starlet. I'm not sure you understand that you are making yourself look crazier than you already are!

Regards
rosebud, fucker, rosebud!!!
Originally posted by: CaptPlanet
Originally posted by: Pixel
that is fuckin' bullshit. no way should they have that right.


Most of this bullshit starts with a comparison between "subjective" and "objective" expectations. I use quotes because it cracks me up in law what "objective" means. Coming from a science background, the legal definition of objective is just shades different from subjective.

"Objective": A magical, reasonable person in a car, travelling along public roads or on open-to-public property has a diminished expectation of privacy because he or she is knowingly displaying their activities to the public, regardless if anyone actually sees it.

"Subjective": Fuck that noise, I don't let people see everything I'm doing, so I should be able to have some privacy, even in a car.

Result: So sad, too bad. Your subjective expectation doesn't match with with society's (aka the magical, reasonable person) expectation. You lose.


I lose in the eyes of the law perhaps but in the eyes of reason I believe I win. Cops should not have that much power based upon such whimsical reasons.
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The right is more virtuous than the left. They have twice as many virtues because they have double the standards.

The reason for why our "justice" system is so fucked is because of the majority of those that founded this country were lawyers. As much as i live my country, they botched up the judicial system bad because lawyers have always been greedy fucks.
Ive always thought lawyers being politicians is like letting col sanders guard the henhouse, its just a conflict of interest.
Originally posted by: Mr Jimmy Pop
The reason for why our "justice" system is so fucked is because of the majority of those that founded this country were lawyers. As much as i live my country, they botched up the judicial system bad because lawyers have always been greedy fucks.


and as bad as the founders might have been, the opportunistic ass hats we have now are easily a trillion times worse.

it was actually more diverse during the early years of our country. politicians had to have other occupations, besides just being a politicians. today somewhere around 98% of all of our politicians are lawyers.

we create tens of thousands of new laws/regs annually. with the largest explosion perhaps being last year, with some 47k new laws/regs going into effect on New Years of 2014.

I can't wait to see how many new ones these self serving asshats can crank out for next year.

it's like our tax code. so convoluted that nobody can get anything done, without extortion, or coercion, without professional legal lobbying representation......aka job security for the idiots fucking up our country.

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