Grounds for Searching Car - XDTalk Forums - Your HS2000/SA-XD Information Source!

Exmasonite · 04-14-2006, 04:58 AM

Hey everybody... figured i'd put this to you guys here as the experts. I know to take everything here with a grain of salt, just wanting opinions.

So, trying to settle an argument w/ a buddy of mine. We both attend michigan state university. We both have our michigan CPL permit. MSU campus has law that doesn't allow firearms ANYWHERE on campus, even CPL carriers.
So i never carry on campus. i'm not thrilled by the idea but i've never wanted to push the limit.
My buddy will occasionally keep his gun in the car, locked in the glovebox when he's not in it. He says even if he gets pulled over, they're not going to search the vehicle.

I guess my ? is this: what are the grounds for a vehicle search? I would think that HAVING a CPL might compel any officers to do a search, on the basis they wanted to secure the vehichle for their own safety (i don't blame them in this day in age). Assuming you do something minor like speeding or running a light, would a search of the vehicle be permissible if the person was acting sober and normal?

thanks!

Waldo · 04-14-2006, 05:48 AM

I think on my campus your vehicle can be searched if it is on the property.

I am sure that I signed my rights away when I had to apply for a parking pass.

pfccypret · 04-14-2006, 05:50 AM

I'd say no. A defense attorney would have a field day if you search based soley on location and the fact the person has a CPL.

UrbanTactics · 04-14-2006, 02:14 PM

Yeah, but defense attorneys dont mean anything after you pay bail, sit in jail, miss classes, and work, because of an improper search. The police can do whatever they want. There is enough room in the law for them to decide they want to search and find a way to do it under the law (what do you think k-9's are for?). I have never been pulled over and NOT been searched. Im sure it because if you were going to stereotype me u would say I was into gangs and stuff. Im not though, im just a music producer for hip-hop artists so yeah. 2+2. Its nothing Im used to it, and I expect a 30 minute delay whenever I see blue lights. If they decide to take me to jail for whatever, thats where Im going, and it will cost me time money and whatever else whether they are right or not. Book em all and let em sort it out in court, seems to be the attitude I see. I know of alot more people to get charges dismissed that be convicted, but it still doesnt change the fact they had to go to jail.

jednp · 04-15-2006, 07:16 AM

Not sure about on campus, but it always seems when I watch COPS or similar shows, that as soon as you say they don't have the right to search your vehicle when they ask, then that's probable cause. Really just seems it's pretty easy for a cop to come up with a reason to search, and a reason to have probable cause.. at least from whave I've seen over and over again. A lot may depend on how a person looks, but a cop may ask if you have any guns/drugs anything else and you say no, and they say you wouldn't have a problem with me searching your car then right? If you have nothing to hide, you'd say yes... if you say no, to them that's showing you might have something to hide. Just my opinion

pfccypret · 04-15-2006, 11:47 AM

You gotta ask why are the police searching your car.

Before I was an officer, I was pulled over 3 times....didn't get search on any of those three.

As an officer, I'm not out to search every car. Only if I feel I have a good reason...or if someone is going to jail.

bigun · 04-15-2006, 04:13 PM

For Me it depends on a persons actions after the stop. If they are drunk or obviously under the influence or acting nervous," More than a normal stop", or if there is anything in plain view or subsequent to arrest I will search. All I have to show is probable cause. After a Officer has a few years under his belt MOST Judges and courts are more lenient because of the Officers experience.

Sandy · 04-16-2006, 02:30 PM

The assertion of constitutional rights isn't "probably cause" for anything. If cops have probable cause, they don't need your permission to search. Maybe it's my looks or inate charm, but I've never had a law enforcement officer ask to search my vehicle.

jnc36rcpd · 04-16-2006, 02:54 PM

A vehicle may be searched when probable cause that a crime has been or is being is developed. There is generally no requirement for the officer to obtain a warrant due to the inherent mobility of the vehicle.

An officer may ask for consent to search your vehicle. You may refuse consent. Refusal to provide consent is not considered probable cause.

A vehicle (at least the passenger compartment) may be searched incident to an arrest.

A vehicle may be inventoried upon being impounded. Weapons discovered during an inventory search would be considered in plain view.

As you are on a college campus, there may be some administrative provisions that allow campus police to search your vehicle. I would think it unlikely, but it might pay to check.

Exmasonite · 04-16-2006, 03:03 PM

i don't even wanna take the chance... i think my buddy's crazy. i don't think i'd ever lie to a cop... i don't even wanna type "i haven't been pulled over in..." and jinx myself but i'll say i've never had my car searched.
he's basically banking on the fact that if he's pulled over, it'll be in his glovebox locked and he'll say he isn't in possession of a firearm. sounds like a dangerous game of russian roullette. just was wondering if having the CPL will increase the chances of search and the consensus seems to be no.

not sure i'll say that to him... i think he's a knucklehead for this and don't want to encourage him.

04-14-2006, 04:58 AM	#1
Exmasonite XDTalk 500 Member Join Date: Jan 2006 Posts: 812	Grounds for Searching Car Hey everybody... figured i'd put this to you guys here as the experts. I know to take everything here with a grain of salt, just wanting opinions. So, trying to settle an argument w/ a buddy of mine. We both attend michigan state university. We both have our michigan CPL permit. MSU campus has law that doesn't allow firearms ANYWHERE on campus, even CPL carriers. So i never carry on campus. i'm not thrilled by the idea but i've never wanted to push the limit. My buddy will occasionally keep his gun in the car, locked in the glovebox when he's not in it. He says even if he gets pulled over, they're not going to search the vehicle. I guess my ? is this: what are the grounds for a vehicle search? I would think that HAVING a CPL might compel any officers to do a search, on the basis they wanted to secure the vehichle for their own safety (i don't blame them in this day in age). Assuming you do something minor like speeding or running a light, would a search of the vehicle be permissible if the person was acting sober and normal? thanks!

04-14-2006, 05:48 AM	#2
Waldo XDTalk 1K Member Join Date: Feb 2005 Location: Murfreesboro TN Posts: 1,160	I think on my campus your vehicle can be searched if it is on the property. I am sure that I signed my rights away when I had to apply for a parking pass. __________________ I.C.E. Hotline 866-347-2423 Toll free call to report illegal immigrants

04-14-2006, 02:14 PM	#4
UrbanTactics XDTalk Newbie Join Date: Mar 2006 Posts: 17	Yeah, but defense attorneys dont mean anything after you pay bail, sit in jail, miss classes, and work, because of an improper search. The police can do whatever they want. There is enough room in the law for them to decide they want to search and find a way to do it under the law (what do you think k-9's are for?). I have never been pulled over and NOT been searched. Im sure it because if you were going to stereotype me u would say I was into gangs and stuff. Im not though, im just a music producer for hip-hop artists so yeah. 2+2. Its nothing Im used to it, and I expect a 30 minute delay whenever I see blue lights. If they decide to take me to jail for whatever, thats where Im going, and it will cost me time money and whatever else whether they are right or not. Book em all and let em sort it out in court, seems to be the attitude I see. I know of alot more people to get charges dismissed that be convicted, but it still doesnt change the fact they had to go to jail. __________________ -------------SA XD V10 9x19-------------

04-15-2006, 04:13 PM	#7
bigun XDTalk 2K Member Join Date: Jul 2005 Location: Southern Iowa Posts: 2,704	For Me it depends on a persons actions after the stop. If they are drunk or obviously under the influence or acting nervous," More than a normal stop", or if there is anything in plain view or subsequent to arrest I will search. All I have to show is probable cause. After a Officer has a few years under his belt MOST Judges and courts are more lenient because of the Officers experience. __________________ Springfield Loaded Stainless,Kimber Pro CDP 2, Kimber Custom Target, Beretta 92D Centurions x2, 92FS, SIG 229 SAS, CZ75, and several other weapons that give Liberals nightmares.

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04-14-2006, 05:50 AM	#3
pfccypret XDTalk Member Join Date: Feb 2006 Posts: 40	I'd say no. A defense attorney would have a field day if you search based soley on location and the fact the person has a CPL.

04-15-2006, 07:16 AM	#5
jednp XDTalk 4K Member Join Date: Jan 2006 Location: Omaha, NE Posts: 4,691	Not sure about on campus, but it always seems when I watch COPS or similar shows, that as soon as you say they don't have the right to search your vehicle when they ask, then that's probable cause. Really just seems it's pretty easy for a cop to come up with a reason to search, and a reason to have probable cause.. at least from whave I've seen over and over again. A lot may depend on how a person looks, but a cop may ask if you have any guns/drugs anything else and you say no, and they say you wouldn't have a problem with me searching your car then right? If you have nothing to hide, you'd say yes... if you say no, to them that's showing you might have something to hide. Just my opinion

04-15-2006, 11:47 AM	#6
pfccypret XDTalk Member Join Date: Feb 2006 Posts: 40	You gotta ask why are the police searching your car. Before I was an officer, I was pulled over 3 times....didn't get search on any of those three. As an officer, I'm not out to search every car. Only if I feel I have a good reason...or if someone is going to jail.

04-16-2006, 02:30 PM	#8
Sandy XDTalk 100 Member Join Date: Mar 2006 Posts: 176	The assertion of constitutional rights isn't "probably cause" for anything. If cops have probable cause, they don't need your permission to search. Maybe it's my looks or inate charm, but I've never had a law enforcement officer ask to search my vehicle.

04-16-2006, 02:54 PM	#9
jnc36rcpd XDTalk Member Join Date: Aug 2002 Posts: 40	A vehicle may be searched when probable cause that a crime has been or is being is developed. There is generally no requirement for the officer to obtain a warrant due to the inherent mobility of the vehicle. An officer may ask for consent to search your vehicle. You may refuse consent. Refusal to provide consent is not considered probable cause. A vehicle (at least the passenger compartment) may be searched incident to an arrest. A vehicle may be inventoried upon being impounded. Weapons discovered during an inventory search would be considered in plain view. As you are on a college campus, there may be some administrative provisions that allow campus police to search your vehicle. I would think it unlikely, but it might pay to check.

04-16-2006, 03:03 PM	#10
Exmasonite XDTalk 500 Member Join Date: Jan 2006 Posts: 812	i don't even wanna take the chance... i think my buddy's crazy. i don't think i'd ever lie to a cop... i don't even wanna type "i haven't been pulled over in..." and jinx myself but i'll say i've never had my car searched. he's basically banking on the fact that if he's pulled over, it'll be in his glovebox locked and he'll say he isn't in possession of a firearm. sounds like a dangerous game of russian roullette. just was wondering if having the CPL will increase the chances of search and the consensus seems to be no. not sure i'll say that to him... i think he's a knucklehead for this and don't want to encourage him.