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Getting searched | Victoria Legal Aid

The police can only search you or your property if: you agree. they have a warrant. they have arrested you. you are in a public space that has been declared a 'designated area'. they are allowed to by law. Before any search begins, ask the police why they want to search you. The police must tell you why they want to search.

When Can the Police Search My Car? | CriminalDefenseLawyer.com

Even if the police stop a person for a broken taillight, if the cop can see a bag of cocaine on the passenger seat, that driver is not going to drive off with a "fix-it" ticket. An officer's visual scan of the inside of a car is allowed in any stop, and any evidence of illegal activity spotted can lead to a more invasive search.

Police Search and Seizure Limitations -

Police can perform a search without a warrant if you don't have a "reasonable expectation of privacy" in the area to be searched. Example: Police dig through your curb-side garbage can to find a murder weapon. Because you don't have a reasonable expectation of privacy in trash that you leave on the curb for pickup, no warrant is necessary ...

Know Your Rights: Searches of Students | ACLU of Northern CA

For example, a teacher cannot ask to search a bag that looks weird and bulgy for drugs based only on the look of the bag. Can my school conduct a random search of students in my school? YES. ... If school officials or police officers illegally search you, they cannot use what they find against you in court. But your school can use evidence from ...

Can Police Search a Passenger During a Traffic Stop? | LHA

This means that if your car is pulled over when you are a passenger, you do not have to consent to a search of your bag. This is different than if a car is searched under the automobile exception because when an officer has probable cause that your vehicle contains contraband, the officer can search anywhere it could be hidden.

B.C. Civil Liberties Association: When Can Police Search ...

So, if the police have a reasonable suspicion that you may be carrying drugs on your person or in your bags and you are in a public place such as a bus station or a park, they are allowed to use sniffer dogs to sniff the bag and on the basis of the dog's identification are allowed to open and search the bag.

When can police search your car? | Flex Your Rights

If police search your car and find illegal items despite your refusal, your lawyer can file a motion to suppress — or throw out — the evidence in court. If the judge agrees that the officer's search violated the 4th Amendment's probable cause requirements, she'll grant the motion. Unless the prosecution has other evidence, your ...

Can The Police Search Your Trash If Left By The Curb ...

Lawyers and other courts then can rely on that ruling when they have a similar issue in their case. The following case answers the question above. California v. Greenwood, 486 U.S. 35 (1988). This case answers a couple of questions: Is it unconstitutional for the police to search …

Can a store search my bag? - shopping rights | Ask MetaFilter

kindall, that's stupid, and wrong. You can say to a guest in your home, "Let me search your bag, or get off my property," but you cannot say, "Don't leave my property until I search your bag." posted by IshmaelGraves at 5:31 PM on July 19, 2005

What if they want to search my bags on Amtrak? | Gullberg ...

We file excellent motions to suppress illegally seized evidence. We know that police must follow proper procedure before, during, and after a search and seizure, and we are prepared to scrutinize the situation to determine whether the police violated your rights. To speak with an experienced criminal defense trial lawyer, call 309-734-1001 and ...

Searching Passengers and Their Belongings | Nolo

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:_10-02-22. If police lawfully stop a car, are they allowed to search passengers and their belongings? As with many legal questions, the answer depends. The Fourth Amendment protects against unreasonable searches and seizure.

When are police legally allowed to search me? - Police ...

[Consent Searches] If the police ask your permission to search your home, purse, briefcase or other property, and you freely consent, their warrantless search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during a consent search can …

When Can the Police Search You or Your Property? | Lawyers.com

A search and a seizure are allowed under the plain-view doctrine when the police are somewhere they're allowed to be (for example, a public sidewalk) and see something that they immediately determine is connected with a crime (for example, a bag of drugs in a pedestrian's hand). Exigent circumstances.

Fourth Amendment Rights and Searches at School: Frequently ...

Schools have more leeway than police when searching students' pockets, backpacks, lockers, and other belongings, but there are limits. What is "reasonable suspicion" for searching students at school? Before school officials can search students or their belongings, they must have a "reasonable suspicion" that the students have broken the ...

Unlawful Search of Bags by Police - Keates Law Firm

Often individuals travel with a bag, purse, or backpack, even when just leaving the home for a few hours. The 4th amendment protects against the unreasonable search of an individual's property, including bags and purses, however, in some situations law enforcement can search bag, backpacks, purses, and other belongings without a warrant.

Search of Backpack Incident to Arrest Can't Be Justified ...

In addition to the steaks, the officer found two guns, ammunition and a bag with suspected methamphetamine. Snyder asked that the evidence be suppressed, arguing that the search of his backpack "cannot be justified as a search incident to arrest because the reasons justifying a search incident to arrest were not present" and the "backpack ...

Can a police officer search a locked container in my car ...

I agree with all other counsel's advice, all cases are fact dependent. I would simply add that as a practical matter a smart unethical cop - of which there are too many - can always simply lie and write in his police report that you consented to his search of your locked safe which he saw in plain view following a stop of your vehicle after he observed you speeding dangerously change lanes ...

Speeding or Moving Violation Car Search | LegalMatch

The police may, for example, have probable cause that one or more small bags of marijuana are contained in the car. Since a bag of marijuana is small enough to be found anywhere in the car, including the trunk, the police may search the vehicle and the trunk. The police may also search the vehicle if the driver consents to the search.

Can a store detective search my bag without my consent ...

Private security can only search you or your assets with your permission. Unless you leave your assets unattended for period of time, then security can search your belongings without your permission. This is to identify who the assets belong to, or to check for signs of criminal activity or terrorism. Share. Improve this answer.

In what situations can a police officer search a bag or ...

Answer (1 of 5): There could be several situations: 1. Probable cause. The officer sees you conceal a weapon or other contraband (drugs, alcohol in a place where it's prohibited, stolen property, etc.) in the bag, or has good reason to believe it's there. 2. Incident to arrest. He's arresting yo...

Can the police search a backpack with a lock on it ...

Can the police search a backpack with a lock on it? If the cops were to stop me without a warrant, and ask to search my bag with a lock on it but I declined, are they able to seize it, or even make me open it, or break it and open it themselves.

Can Police Search Your Car Without a Warrant?

Police can still search a vehicle without a warrant if they have the consent to do so from: the driver of the car, or. the person who has control of the vehicle. 3. Note that this consent is only valid if it is freely given. It is illegal for the police to force or coerce a driver to consent in any way. 4.

What Are Your Rights When it Comes to 'Nosy' Drug Dogs ...

Many people don't know it is within their rights to refuse consent for police to search your belongings at this point. If you say yes and consent, it becomes legal for the officer to search your car or use a drug dog. In recent years the U.S. Supreme Court has provided certain limits as to the use of drug dogs, explained below.

Baggage Search | Amtrak Unlimited Discussion Forum

23,556. Location. Austin Texas. Sep 10, 2009. #6. the_traveler said: Baggage searches can happen at any time on the train. By the same token, the Police can search your car at anytime. In my 35 years of driving or more than that taking Amtrak, I have not had either occur!

Know Your Rights: Can You Be Searched Without a Warrant ...

Police officers can legally search an area and seize evidence if it is clearly visible. If the police see an illegal act occurring outside of your home, they may perform a search and seize evidence from your home without a search warrant. The police must still have probable cause, however, that the items are indeed illegal.

When Can the Police Search Your Car? -

For example, the police can search your car if your eyes are bloodshot and marijuana use is suspected, or if your car matches the description of a getaway vehicle used in a bank robbery. Additionally, any evidence of a crime that is left in "plain view" of an officer may be seized and lead to a more thorough search. For example, an officer may ...