criminal-law criminal-procedure
At gas station parked pumping gas can an officer search the rental without my consent?
<p>I am at the gas station, I go inside and put money on my pump, the gas station is crowded. I have a rental car its a 93 Mercedes the registration tags are expired I am returning the car tomor to either receive new tags or another vehicle.  The rental vehicle is currently insured just tags are expired. While pumping gas a officer pulls up aside of my rental and while I have the trunk open grabbing a micro cloth to while my hands he asks what's going on with the registration. I explain to him its a rental and I know the tags are bad am going to rental company tomor because I had work today and just got off.</p>

<p>I clean houses as a part time job so the rental is super clean I just shampooed the carpets yesterday. There is no debris/trash in the vehicle no signs of any crime being committed or reason to suspect. I have a small vacuum laying in back seat and my small make up bag zipped closed on the passenger seat. My trunk has cleaning products and equip nicely organized. </p>

<p>He had ran the plates and I explained to him the guy who owns the car rental company is Egyptain I give him his name, business name, and his cell number.  He calls it I call it no answer because it just passed 6pm and he went home probably. I told him the car is insured its just the tags are bad, which is super irritating because I have been pulled over twice in the last month for it. So if you need to write a ticket for the tags that would save me the trouble explaining this all over again. </p>

<p>He asks for my ID I go into the car grab my ID shut the door shut the trunk the keys are around my neck and now he tells me that he is searching the vehicle. I said why? Did I commit some crime? I'm pumping gas. He says you were arrested 9 months ago and I said that's not suppose to be on there and what does that have anything to do with the tags? He threatens me to have the K9 unit search the rental and if anything is found he is going to impound the rental and take me to jail. So I confess I had paraphernalia in my make up bag because I don't want the car impounded because I can't get it out nor afford it and don't want to go to jail. He opens the car without my consent like if I was on probation or paroll which I never have been and gets it out of my make up bag and then writes me a ticket. How are all my rights being taken away from me from just having one arrest 9 months ago and used against me while pumping gas on private property and the car not even being in my name or keys inside or body inside justify search of probable cause?  Officers May Not Search A Car Without A Warrant When It Is Parked, Unoccupied, Not Running, And The Keys Are Not In The Car". Does this apply to me? Please help. </p>

<h2>Police officers can lie to you</h2>

<p>He asked to search your car. He’s allowed to do this.</p>

<p>You said no. You’re allowed to do this.</p>

<p>He lied to you when he said he would get the K9 to search the car - this would not be legal. <em>But</em> he’s allowed to tell you lies.</p>

<p>You made an admission of criminal activity. He now has probable cause to search.</p>

<p>He legally searched, confirmed your admission and booked you. Seems legit to me.</p>

<p>Typically anything in the car that you can see from looking through your windows is "plain view" and the officer is allowed to "search" from plain view.  You don't need to be anywhere near the car for him to do this if it's in public space.   Unfortunately, once he becomes aware of a possible crime, he has greater search capability (you should not tell him you have anything you don't want him to find no matter what).   He's allowed to trick you, but the best way to test him is to ask "am I free to go?" If the officer says yes, shut up, don't say a word, get into your car (if your phone has a video recording software, get it ready to record) and leave.   If he says no, demand your attorney and shut up until an attorney speaks to you.   If he doesn't give a yes or no answer, demand your attorney and a warrent and do not say anything else.</p>

<p>I'm not sure about the arrest record, but if you arrested in the past but not charged, it's probably going to show up.   Additionally, I don't know the rules with respect to canine, however, if the officer doesn't have it, you should ask if you are free to leave.</p>

<p>If the officer ever tells you are not allowed to leave, you are under arrest whether he says that or not.  Shut up.   If he does anything without reading you your rights, make a note of it.</p>

<p>Always remember the cops in the U.S. are armed and are going to be more afraid of you then you are of them.   Never fight a cop.   YOu'll have plenty of time to do that in court with a competent lawyer later... but for your own safety, you do not need to have that fight today.</p>
