if your driving down the street and they pull you over for nothing, they do not have the right to search your car or ask you to get out even though they do. this comes from one of the bigheads in the police force, ask any nyc officer. in order for them to do this they need a reason and are suppose to call it in before doing so.

 

the underlying point is if they want to pull u over, they saw you not wearing your belt. If they want to search the car, your breath smells like beer. Reasonable suspiscion is VERY easy to get/create.

 

no doubt, thats why i was told even when your right just go along with them as sad as that sounds.

 

make sure you bring the dl with you next time

 

I think he's referring to the ticket for not having a DL on him... not the seatbelt law..

or were you questioning the first

 

im speaking of the law requiring citizens to produce ID any time they are asked to do so. I could care less if someone wears their belt or not, personally im a fan of Darwins Natural Selection theory. The more people that dont wear their seatbelt the shorter the lines at six flags are for me.

 

Maybe we're not talking about the same thing... if the officer has reason to believe you might be intoxicated or whatnot, then yes, they have ever right to take more measures.. I'm referring to being randomly pulled over though. An office can NOT just make random orders such as a breath test or a search of your person. They cannot arrest you, and they can most definitely not search your car (even if they did find a pound of cocaine stashed in your trunk, you would NOT be found guilty in court because the evidence was obtained illegally). Sounds stupid, but that's the way it works. That's why people get off on technicalities.. they weren't told their rights, etc.

I just say these things so people have a better understanding of their own rights.. a lot of people submit to the law - and this is probably a good idea, most of the time.. but it's also good to know the extent of an officer's powers...

 

"Have you been drinking tonight sir? I detect a smell of alcohol on your person, im going to have to perform a sobriety test."

ok so far its legal, because when it comes to sobriety tests you can NOT decline them, its not an option, at all.

"Sir you have to perform the test, or i will place you under arrest and the vehicle will be searched."

ohhh look, theres cocaine in the trunk!!!!

So lets assume the guy is stone sober, it doesnt matter, not one bit. The search was 100% legal. The main point is if the cop really wants to search your car he will find a way. The ones that get tossed are almost always because it isnt worth the officers time to stick to it. In other words he didnt find the golden ticket he wanted, writes u for a minor one, and doesnt go to court to uphold it.

 

Even if there is a strong suspicioun of alcohol consumption, what grounds does that give an officer to search your car? What would the search be for? The police cannot search you or your car. It's in your Fourth amendment I think - protection against unlawful search and seizure. So, my pound of cocaine is perfectly safe unless there's probable cause

 

Refusal to submit to a field sobriety test is automatic grounds for search of the vehicle and persons. What many people dont realize is your drivers license is not a right, it is a privlage. Most of the things you dont like about the cops, thats you say that cant do, you gave them permission to do when you signed the license.

 

Signing a stupid licence doesnt all of a sudden void your constitutional rights.. come on! You're just pulling this out of your *** because you think it makes sense.. you have no idea do you