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LegalGround >> Can Cops Search Bags w/o Good Reason?


9/7/08 10:53 PM
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Hollywood Blonde
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My friends and I were floating on a river in southern Missouri this weekend. A couple of cops pulled us over to check our IDs. A waste of time since we are all of age, but fine. While they had us pulled over, one of the cops (uninvited) walked onto our canoes and rafts, picked up our water-proof bags, and opened and looked inside of them. I asked him if he was looking for marijuana, and he indicated that he was. As it happened, I don't smoke pot and the friends of mine that do didn't have any there, but it struck me as complete bullshit.

What are the laws regarding this? If cops stop you when you are floating on the river, can they just look through your bags?
9/7/08 10:56 PM
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Hollywood Blonde
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Also, one of my female friends got kind of mouthy with one of the cops about something involving another friend, and the cop told her she needed to stop. Aside from getting pissed and finding BS stuff to write us tickets about, could my friend get in any other trouble for being mouthy (i.e. cuffed and taken in , etc.)? Thanks!
9/8/08 3:20 AM
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BarkLikeADog
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Edited: 09/08/08 3:37 AM
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Not my area but you never have permission to get mouthy to a cop, & you can expect consequences if you do.

Regarding the bags, if you didn't keep them on you AND didn't explicitly refuse consent to search, they can usually start fishing without probable cause as your stuff is just sitting out there for anyone to poke through.

Same deal with your car; you're supposed shut & lock the door behind you to prevent them from just hopping in & poking around without explicit consent.

http://www.youtube.com/watch?v=yqMjMPlXzdA
9/8/08 10:13 AM
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bflex
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Them searching your bags like that is bullshit, but what can you do. If they would have found something, they would have just said that you consented to the search. Nevertheless, no, they can not just search your bags like that. In response to BarkLikeaDog - The State could argue that it was abandoned, but that is a weak argument.

This is America and you have the God given right to tell the police to go and fuck themselves. Expect consiquences. This is an area of the law where academic theory and where the rubber meets the road actually differ.

If you get out and lock the door behind you, that, in my opinion, would be reasonable suspicion for the cop to continue a further detention. Not a great idea. Simply telling the officer that he doesn't have permission to search your car would suffice and not be so damn suspicious.
9/8/08 9:52 PM
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StephenL
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pulled you over to check your IDs? you are of age to do what?

did you know that the coast guard is going to start sending recruits to navy BUDS school.

imagine getting pulled over by one of them.
9/8/08 11:25 PM
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Hollywood Blonde
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StephenL - pulled you over to check your IDs? you are of age to do what?

did you know that the coast guard is going to start sending recruits to navy BUDS school.

imagine getting pulled over by one of them.


What's so hard to believe about that? We were drinking and they pulled us over to check our IDs to see if we were at least 21.
9/9/08 1:19 AM
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BarkLikeADog
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"BarkLikeaDog - The State could argue that it was abandoned, but that is a weak argument."

Totally agree, but we also agree they're gonna make up whatever they want, & so my understanding is that your only defense on scene is to play the "do not consent" card as politely but thoroughly as possible.

Again, not my area at all. I go by the video I posted & their supplemental info; if that stuff is way off please give me a better source for reference.
9/9/08 10:31 PM
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StephenL
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did you mention drinking in your 1st 2 posts?
9/9/08 11:24 PM
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Hollywood Blonde
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StephenL - did you mention drinking in your 1st 2 posts?


I figured everyone knew that it would be for alcohol.

What was the Navy thing you were referring to?
9/11/08 5:21 PM
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StephenL
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i'm a computer network guy. whatever you don't tell me, it does not exist.

the coast guard is just going to get a little Jack Boot stronger to fight terrorism.

stephen
11/1/08 1:12 AM
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cycklops
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 Are there different rules when it comes to the water? I know on the road if you get pulled over and they don't have shit the best they can do is get consent. Without that they can't search shit (in a perfect world anyway).
11/4/08 4:29 PM
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StephenL
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watching aqua cop shows, it seems that they like to board boats to check for life preservers.

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