What are my rights?

[Earthmother]

I'm in West Virginia. We've got some real cowboys around here for law enforcement who tend to take advantage of people's ignorance of their rights. I need to know exactly what are my legal rights if I am pulled over for something minor such as a tail light out, or stopped in a road check? Can I be forced to empty my pockets simply because the officer feels like it, or do they have to really have a good reason? What would constitute a reason for being required to empty your pockets? Or do I really have to do it at all? I thought that if they wanted to do a search that they would pat you down? Can I refuse? Can I refuse to let them search my car if they only say they suspect something, but have no proof that I've done anything wrong? Do I even have to answer any questions except for giving them my name if I'm not under arrest for anything? How can I refuse to answer questions without being in the wrong? What can be done about verbal harassment? And if they write me a ticket, don't they have to include on the ticket the reason I was pulled over to begin with?

 

[xith]

Constitution..

Check out your states consitution. In Washington (Where I live right now) it says: No person shall be disturbed in his private affairs, or his home invaded, without authority of law. - Unless you gave them probable cause to search your car or pockets, they can't without a warrent, unless your States constitution says something else.

Hope I helped.

xith

 

[racer72]

I would be willing that if you complied with the laws of your state and county, you would give the local county mounties absolutely no reason to bother you. It's worked for me for almost 48 years, I've never come close to being arrested.

 

[Earthmother]

duh...

I would be willing that if you complied with the laws of your state and county, you would give the local county mounties absolutely no reason to bother you. It's worked for me for almost 48 years, I've never come close to being arrested.

I find it amazing that people find it so hard to grasp that there are actually places where the police are out of control and do things simply because they are on a power trip or having a bad day... I'm trying to help alot of folks by searching for this info, not just myself (I've never been pulled over myself, but have been riding with people who were...). I really do want to know what an illegal search would consist of. Many hours and lots of money gets wasted here on bogus tickets that eventually are thrown out due to bad paperwork, illegal searches, etc. The courts are nothing but a scam, trying to get you to "plea bargain" and pay their fines, when they know that they don't have anything to go on except people's ignorance of the law. I've found that if you get a ticket for something here, you should plead not guilty and have it held over for as long as you can. Eventually it will be thrown out because either the cop doesn't show up at the hearing, or the paperwork was done wrong, or the search was illegal. I've seen this happen to people time and time again. Obvious harassment. I simply want to know what can and cannot be done.

 

[harbor14]

Check out your states consitution. In Washington (Where I live right now) it says: No person shall be disturbed in his private affairs, or his home invaded, without authority of law. - Unless you gave them probable cause to search your car or pockets, they can't without a warrent, unless your States constitution says something else.

Hope I helped.

xith

You are incorrect...there is no such thing as a proable cause search in Washington. There IS a search incident to arrest, search with a warrant, search with consent, exigent circumstances AND a frisk which can be done to both a person or a vehicle with reasonable suspicion in Washington.

Also a state constitution can provide MORE protection than the federal constitution but never less.

 

[stephenk]

Xith hasn't been correct on any post so far. Keep up the good work!

 

[stephenk]

I'm in West Virginia. We've got some real cowboys around here for law enforcement who tend to take advantage of people's ignorance of their rights. I need to know exactly what are my legal rights if I am pulled over for something minor such as a tail light out, or stopped in a road check? Can I be forced to empty my pockets simply because the officer feels like it, or do they have to really have a good reason? What would constitute a reason for being required to empty your pockets? Or do I really have to do it at all? I thought that if they wanted to do a search that they would pat you down? Can I refuse? Can I refuse to let them search my car if they only say they suspect something, but have no proof that I've done anything wrong? Do I even have to answer any questions except for giving them my name if I'm not under arrest for anything? How can I refuse to answer questions without being in the wrong? What can be done about verbal harassment? And if they write me a ticket, don't they have to include on the ticket the reason I was pulled over to begin with?

Refuse all you want. Come back and tell us how it went.

 

[xith]

You are incorrect...there is no such thing as a proable cause search in Washington. There IS a search incident to arrest, search with a warrant, search with consent, exigent circumstances AND a frisk which can be done to both a person or a vehicle with reasonable suspicion in Washington.

Also a state constitution can provide MORE protection than the federal constitution but never less.

Please show me a link to a federal site saying that there isn't. There is ALWAYS probable cause, if they see something sitting in plain view, thats probable cause. If you are right then what i'm being charged with should be thrown out the window! Seeing how they are getting on "Probable Cause".


xith

 

[xith]

Xith hasn't been correct on any post so far. Keep up the good work!

Excuse me? I've given advice, thats what this site is for isn't it? I've given IDEAS people can do. Jesus.

Get off my back.

xith

 

[CdwJava]

Please show me a link to a federal site saying that there isn't. There is ALWAYS probable cause, if they see something sitting in plain view, thats probable cause. If you are right then what i'm being charged with should be thrown out the window! Seeing how they are getting on "Probable Cause".

Actually, that would be a plain view seizure and not a "search".

And you can find a good definition and opinion on "probable cause" by simply going to www.google.com and searching for the terms you desire.

There can be cause to justify a search, but these are also exceptions to the warrant requirement. "Probable cause" is NOT one of those exceptions by itself. The justification FOR a search can include probable cause to believe that the contraband might exist (usually as part of an affidavit in support of a warrant application), but is only part of the warrant exception.

For instance, if I see a magazine with bullets in it sitting on the floorboard, I may have a public safety or exigency exception to the search warrant requirement based upon my probable cause to believe that a weapon may be in the vehicle.

- Carl

 

[xith]

Thanks for clearing it up. I was just upset at that guy because he was just being rude, not helping me or anyone else. I'm being charged with a crime and they are going after probable cause, it's gotten me a bit touchy on the subject because I dont think they were in the right on my case. Ugh, my apologies to those i've upset.

Thanks again,
xith

I'm just trying to help.

[added] Oh and on my case they are saying that what they saw in plain view was probable cause to search the rest of my apartment. I'm fighting them on it.

 

[t.l]

please see my post under family law >> I NEED HELP

ANYONE OUT HERE i need your help, ive only put in the most part, i havent even started on how she admitted to certain things. ( email me ) .this is just crazy
see my post on family matters.....and i see now ,,, i posted on the WRONG forum.
my question was ,,, was this a false arrest ??
email me ... please...
t.l