• In the Spotlight:
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Search and seizer question.

A friend of my dad's was arrested because he got pulled for a traffic violation and was asked if the cop could search his car. He had nothing to hide, wasnt under the influence and there was no probable cause for the search. The cop even admitted to that. Well the guy refused, and was arrested for failure to cooperate. Now, its my understanding that as a citizen of the US that we have the Constitutional right to refuse a search when there is no probable cause or warrant. Is arresting a man simply because he didn't feel there was a reason (and there wasnt) for a search unconstitutional and a violation of rights?

Answer Question
 
Anonymous

Asked by Anonymous at 7:40 PM on May. 9, 2009 in Politics & Current Events

Answers (26)
  • Same as if you don't take the breathalizer for DUI your license gets suspended for a YEAR, not 4 months if you do take it and it's over the legal limit.
    prettyrayray

    Answer by prettyrayray at 7:46 PM on May. 9, 2009

  • Yes, its illegal. He needs to contact the ACLU.
    momandvet

    Answer by momandvet at 7:48 PM on May. 9, 2009

  • Sounds illegal to me. Tell him to fight it!
    LadyChamp

    Answer by LadyChamp at 8:00 PM on May. 9, 2009

  • No, they can't arrest you for that. Legally. He needs to get a lawyer and sue for wrongful arrest.
    QueenMama7808

    Answer by QueenMama7808 at 8:01 PM on May. 9, 2009

  • why not just comply with the officer and make his job and your life easier? if you are so offended, then speak to his supervisor after everyone is on their way. why all the fuss?
    thundernlight

    Answer by thundernlight at 8:02 PM on May. 9, 2009

  • The fuss is over the fact he has a right to refuse. To search someone, with no cause is Unconstitutional. It happens all the time, though. Its UNLAWFUL 1) for the cop to search his car without cause, and 2) for him to be arrested for exercising his right to refuse.
    abbynzachsmommy

    Answer by abbynzachsmommy at 8:06 PM on May. 9, 2009

  • he broke the law. he has a reason to be searched.
    thundernlight

    Answer by thundernlight at 8:09 PM on May. 9, 2009

  • Because innocent people still have civil liberties. I have nothing to hide either, but that's why I don't want a stranger rooting around through my car... because he has no reason to. I was wrongfully arrested too, and I still was sent to court and had to pay a fine and get a suspended sentence for something I didn't even do, because a police officer f*cked the paperwork up! The system is supposed to help and support law-abiding citizens, not harass them. The OP's friend will now have this arrest on his record if he doesn't fight it, and that's wrong.

    Tell him to fight it and to add that the officer should be reprimanded.
    Anonymous

    Answer by Anonymous at 8:10 PM on May. 9, 2009

  • I find it hard to believe that an officer would admit that there is no reason or probable cause to search his vehicle and then arrest him for refusing the search. doesn't make any sense. Makes the officer look very stupid and setting himself and his career up for failure.

    sounds fishy to me...
    thundernlight

    Answer by thundernlight at 8:21 PM on May. 9, 2009

  • Thunderlight, a traffic violation could be a faulty tail light the driver didn't know about. THAT is not cause for search. Have you ever had a traffic violation?

    The cop stepped over the line. No probable cause, he shouldn't have requested a search. The cop is very likely the one in the wrong. He had the power to arrest someone, but it's most likely going to be dismissed.
    Anonymous

    Answer by Anonymous at 8:29 PM on May. 9, 2009

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.