Can a police officer (in houston, tx) perform a vehicle search for a routine stop?
602570
I read this question, chuckled a little, and kept on reading other questions.  \n\nThen I just had to come back.\n\nThe Patriot Act, for the fanatics out there, has absolutely nothing to do with this question or situation.  If the cop in this question legally searched the car, he did so based on law much, MUCH older than the Patriot Act.  The Patriot Act does not give law enforcement "free reign in the search and seizure of private citizens' personal property at any time" though I know it's a lot more fun to believe that garbage and spread it around.\n\nAs for the actual question you're asking, it's not possible to give you an answer without knowing more details.  If the cop had probable cause to believe it was there (generally by smelling it, or maybe seeing a roach in the ashtray), or received consent from your friend (people give consent all the time when it's not in their best interest to do so), then the search is perfectly legal.\n\nA broken tail light, at least in California, might very well still work...but if white light is emitted, it's just as illegal as if it didn't work at all.  Evidently, it's the same in Texas.\n\nAnd if the search is determined by the court to be unlawful, then of course your friend can have the charge thrown out.\n\nCops can't search a vehicle just because they "think something is wrong"...we almost always have to have probable cause, and just "thinking" something isn't the same as having probable cause.\n\nFederal law (to my knowledge) does not require a search warrant to search a car, but the US Constitution provides that searches conducted without a warrant are presumptively unlawful.  However, Courts (to include the Supreme Court) routinely permit certain types of searches to be conducted without search warrants and have for dozens of years.\n\nYour friend certainly should seek the advice of an attorney, but I haven't ever heard the information about public defenders being top of their class....strikes me as a little hard to believe in some cases.
700535
it will just depend on thier assignment,  some officers are assigned to do traffic all shift ( nothing but traffic)  \n\nIn most traffic/patrol units most officers are too busy rushing from call to call  In Atlanta for example most officers have one to two calls waiting when they get done with the one they are on, and only do traffic stop in the most serious cases.\n\nIn our department I normally did about 3 stops a shift, and normally only ticketed one ( gave warnings normally)\n\nmost stops were normally looking for something else
104599
Go ask the local police.
1183865
Yes if the officer is trained in using it. No if it's for photo radar.
999768
Actually, the police are trained in identifying plates and expiration stickers from other states.  If you are doing something suspicious or possibly violating a traffic law, you could get stopped and cited.
951380
The officers will not need his consent.  If they believe there is a reason, they will search the vehicle to make sure there is nothing in it that imposes the danger to the minor. (In the US, the "minor" is anyone who is under the age of 18).
917061
Boy.  There are a lot of people answering this question who really don't know the rules in this country.  I speak from 11 years of law enforcement experience, many of those specifically developing traffic offenses into greater crimes.  So people don't think I am feeding you a line of police BS, I included the laws that established each of the rights and reasons to search.  Feel free to research them yourself so you can see I am giving you the straight scoop.\n\nThere are many times when the police can search your entire car, including your trunk, glove box, and even locked containers within your car, without a warrant.  I'll lay out four of the most common techniques I use to search cars.\n\n(1) Consent.  Can't go wrong here.  If you ask for consent to search and the driver (or person in charge of the vehicle) gives you consent, you can search the entire vehicle.  The consenting party has the authority to withdraw their consent and/or limit the areas you can search.\n\nOn reasons (2) through (4) consent makes no difference.  If the police can meet one of these requirements, they will legally search your car with or without your consent.\n\n(2) Probable Cause.  If you develop probable cause during a traffic stop, you may search the vehicle without a warrant.  This is commonly called the "motor vehicle exception" to the search warrant rule.  The authority for the police to do so was first established under a US supreme court case called Carroll v. United States.  The courts have since expanded on this case and allowed the police to search items within the vehicle regardless of who claims ownership of the items.  Under this technique, the police can only search areas where it is reasonable to believe the contraband they are searching for may be found.  For example, if the police believe they are lookng for a rifle, they would not be able to search a purse.  However, if they find the rifle and now believe they might be looking ammunition, the search of the purse is good.\n\n(3) Pursuant to arrest.  If the police arrest you for a bookable offense while operating a motor vehicle, they may search the areas under your control (including the passenger compartment and possibly other areas of the car) for contraband or weapons that you may have discarded.  This authority is established under case law named Chimel v. California.\n\n(4) Inventory search - If the police have the authority to tow your car, they may search it under the premise that they need to inventory all items contained within the car prior to towing the car.  These searches were upheld under the community caretaking doctrine established under South Dakota v. Opperman.\n\nThere are other ways to get into a car.  Too many to go into here.  Truthfully, there is almost NEVER a time when the police need a warrant to search a car.  In my 11 years, I think I have obtained a warrant for two or three of the probably 1000 cars I have searched, and those cars were firmly secured in the police impound lot pending the warrant.\n\nHope this settles your dispute.
190562
if the cop has suspision of you doing something or carrying something in your purse then yes but he Must ask you for permission b4 doing so. it is your right to refuse & tell him to get a warrant to search your purse.
861557
If they arrest you or see some contraband "in plain site" they can search the vehicle.\n\nIf they just pull you over, they can ask, and you can say no.\n\nThey can make you wait for a K-9 or they can detain you until they get a court order.\n\n*But if you have nothing contraband in the vehicle, and tell them no - then they will be very suspicious of you.
284373
Yes he can, there are several settings on radar "guns"/machines that allow the LEO (Law Enforment Officer) to choose from, one of which is wether he is moving or not. He may also check your speed if you are behind him (if he has a rear mounted radar, most State Police have these).\nThe basic premise in court is that the officer observed you going at a high rate of speed and then VERIFIED your speed with a speed detection device (which he has to be registered/licensed to use). The reason for this is that  in some states LEO's are not allowed to use radar unless they have a reason, meaning: They had to see something that gave them a reason to check your speed.
125927
If you really think you stopped, fight it. I think most cop cars have cameras in them, maybe they can get something from there...
605319
I believe they can do so under color of law. \n\nWhen a "peace officer" activates that red light on their car your only lawful action is to yield to that red light. If the officer keeps that red light on and is behind your car, you are not free to go, you are under arrest, although most police will say its only a detention. The test is to ask if you are free to go, if you are not free to go you are under arrest.\n\nThe officer under California law can perform a warrantless arrest under the vehicle code. However as you pointed out the vehicle code can only be used upon commercial vehicles, this is why the DMV is so adamant in issuing Commercial Class C drivers licenses to all people so the officers can pull over just about any car as the vast majority of citizens have admitted to being Class C or other commercial class of driver. Once you show your License you establish you are a driver and subject to regulation.\n\nIf you are not driving a commercial vehicle, California law Vehicle Code Sec. 260(a),(b) can be enlightening. Section 260(a) defines the type of vehicle required to be registered (regulated) under the Vehicle Code, commercial vehicles. Section 260(b) flat out states private cars and housecars are not commercial vehicles. As a citizen you are supposed to have the logical brain power to infer if Commercial Vehicles are required to be regulated, and private cars are not commercial vehicles, then priavte cares are not required to be registered (regulated). \n\nThis is why in farming communities a truck with the NOT FOR HIRE sign can use the public roads unregistered (politicians have placed restrictions on this in recent decades, talk to some old timers they will set you straight).\n\nSo when a peace officer who has taken POST training demands a license, he is making several assumptions, one you have a Drivers License and two, you were engaged in the activity of driving, moving goods or persons for hire via the public easement. If these two presumptions can be proven unfounded then you as a citizen would have excellent grounds for filing a Title 42 Section 1983 action against the offending officer, as well as a Title 18 Section 242. Even if the officer beats the Civilr Rights case, he can't beat the ride you get to take him on through the federal court. So if you feel an offcier has violated your freedoms by giving you a ticket, sue him, at the very least you can pay him back for making you jump trough the Superior Court System, by making the officer jump through the Federal Court System.\n\nThe right to travel is a god given right, including the right to travel in the conveyance of the day unhindered by government actors.
883888
if a cop tells you to get out of the car then do it, but if he wants to search your car then he has to have a reason meaning proof of wrong doing.  Now if he smells alcohol or pot, then you are screwed, but if you have done nothing and he wants to search you for no reason, then tell him NO sir!  Ask him why he wants to search your car and ask what you did as the driver to make him want to search your car?  if he has no reason then ask for a search warrent.  You have the right to say no and if he doesnt have probable cause then the hell with him.  He will call the dispatch and nothing will be done, maybe
596108
It will depend on what HS was doing it,  most medium and large police departments have Homeland Security officers appointed in it.  All of the state police units I know, including some of the larger college police units all have homeland secuity officers also.\n\nIf the officer has been sworn in as a state, county or city police yes they may.\n\nMany times the vechiles have specific names and the officers assigned to varouis units, but this will not mean they don't have other powers of arrest.\n\nin general those that work at the Federal level would not be doing traffic stops
696381
The key is "if I get pulled over"\n\nSon, you better drive like a saint\nand pray like one too.\n\nThe police have plenty of things to keep them occupied and if you are driving like a law abiding citizen, it is highly unlikely that you will get pulled over.\n\nGood luck on your job hunt !
884370
The police do not need to suspect anything to run a license plate, driver's license or warrant check.  The average citizen however, does not have access to the database needed to look up a license plate.
462806
The officers cannot conduct a search without a warrant or without probable cause, unless there are specific special circumstances.\n\nGenerally, the police can pull you over for any suspicion.  Expired tags, no front plates, broken taillight, etc.  If they then "smell" something suspicious (i.e., pot or alcohol), they can then search your car under suspicion of possession or DUI.  If they place you under arrest, they can basically search every inch of your car.\n\nIf they ask if they can search your car YOU HAVE A RIGHT TO SAY NO!!!!!  If you consent to a search, they have the ability to search your entire car.\n\nIf they simply give you a ticket and search your car without consent, they have violated your rights.  If they find any evidence in your car, it cannot be used against you in court.  If they found nothing or no charges were placed against you, you should still make a complait to the police department they were from. It will go in their file and it may help someone else (or you) defend themself in the future.