[fossil_fuel]

i had a friend who was pulled over, told to get out of the car, and given a pat down search. i know the cops aren't allowed to search your car without a warrant, but what about your person?

[rogerhb]

Can they search with "reasonable suspicion" such as reasonable suspicion of having an broken shift key?

[MonteQuest]

$this->bbcode_second_pass_quote('fossil_fuel', 'i') had a friend who was pulled over, told to get out of the car, and given a pat down search. i know the cops aren't allowed to search your car without a warrant, but what about your person?

[Schweinshaxe]

$this->bbcode_second_pass_quote('rogerhb', 'C')an they search with "reasonable suspicion" such as reasonable suspicion of having an broken shift key?

[rogerhb]

$this->bbcode_second_pass_quote('Schweinshaxe', 'A')nswer the question!

[markam]

$this->bbcode_second_pass_quote('', 'b')ut what about your person

[fossil_fuel]

the police officer reached inside his pocket. at no point was consent to a search asked nor given.

[fossil_fuel]

also, would it be considered legal to carry a minitape audio recorder in your car, and turn it on and put it in your pocket to record the conversation if you get pulled over? or would that be considered "illegal surveillance"? i've just had way too many friends who have been unjustly hassled by the cops recently, myself included.

[MonteQuest]

$this->bbcode_second_pass_quote('fossil_fuel', 'a')lso, would it be considered legal to carry a minitape audio recorder in your car, and turn it on and put it in your pocket to record the conversation if you get pulled over? or would that be considered "illegal surveillance"? i've just had way too many friends who have been unjustly hassled by the cops recently, myself included.

[seahorse]

The pat down search you describe is perfectly legal. As already said, the court' s allow it for officer safety. The officer may also check items "felt" in your pockets to determine if these are weapons. Of course, if it turns out to be illegal contraband, then you can be charged with it.

There are numerous types of stops and searches. One is the "terry stop" mentioned in a previous post. A police officer may initiate a "terry stop" if they has "reasonable suspicion" of a crime. Again, during the stop, they may "frisk" the detainee for officer safety.

You can put a camera or microphone in your car. However, don't say anything. Remember, anything you say can and will be used against you, and you don't have to talk to the cops for any reason, ever. Look how far it got Martha Stewart.

[frankthetank]

In the city i live in now, all police cars have cameras that are suppose to be running during every stop.

Did they find anything on your friend? Was he charged with a crime? I think cops get a bad rap a lot of the time.

[fossil_fuel]

$this->bbcode_second_pass_quote('frankthetank', 'I')n the city i live in now, all police cars have cameras that are suppose to be running during every stop.

Did they find anything on your friend? Was he charged with a crime? I think cops get a bad rap a lot of the time.

[erl]

A couple of add-ons to the excellent info here already:

1. If a cop stops you and asks, you must provide your id. You must give him/her your name. This wasn't true until a couple of years ago when the Supreme Court ruled otherwise.

2. You don't have to answer questions (other than ID), but if you do, don't lie. Lying to a police officer is a crime in every state and under the federal code. Better to not answer at all. You may end up with one frustrated cop, but that is a different issue altogether.

[smallpoxgirl]

$this->bbcode_second_pass_quote('erl', '1'). If a cop stops you and asks, you must provide your id. You must give him/her your name. This wasn't true until a couple of years ago when the Supreme Court ruled otherwise.

[0mar]

It's not what you know, it's what you can prove.

Who's a court going to believe? Two police officers or someone that's refusing a direct order?

[erl]

I stand corrected.

Thanks.

[jato]

$this->bbcode_second_pass_quote('smallpoxgirl', ' ')
I believe though, that the California statute has been enjoined by the state courts and has been unenforceable for several years. If you're worried about this issue, you should find out what the current laws are in your state.

[smallpoxgirl]

$this->bbcode_second_pass_quote('jato', '')$this->bbcode_second_pass_quote('smallpoxgirl', ' ')
I believe though, that the California statute has been enjoined by the state courts and has been unenforceable for several years. If you're worried about this issue, you should find out what the current laws are in your state.

[smallpoxgirl]

Strike another state from the list. In 2003 Montana changed its statute. Prior to that time an officer detaining someone without arresting them was entitled to "demand the name and present address of the person". In 2003 the language was changed to "request the person's name and present address and an explanation of the person's actions and, if the person is the driver of a vehicle, demand the person's driver's license and the vehicle's registration and proof of insurance;"