David Boston on G w/ arrest vid

fly said:
He specifically denied him legal counsel during questioning. I'm pretty sure that he can't do that. I wish FlamingGlory was here...
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The officer can ask him whatever he wants to ask him, it is the citizen that has the right to not answer. As for legal counsel we would have to have someone look that up but I still stick with my original statements.

I believe that they can do a cursory search of your person and the vehicle to ensure the officer's safety.
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100% untrue on this one. The only way the cop can enter your private property is if you allow them to search your vehicle. It is exactly the same as your home but the reason's for probable cause in a car are a lot more vague. Now I believe if you have a registered firearm you maybe correct because that happened to us about a month or two ago.

You should have a lawyer present during ALL questioning with law enforcement. Period. That is your right.
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"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you."

I am still pretty sure I am right, you have the right to an attorney during questioning, after being arrested for the crime at hand. They will not and can not sit around on a road waiting for your lawyer to show up.
 
if you refuse the search they just impound the vehicle after which they search it to take inventory of possessions anyway
 
w_a_w said:
if you refuse the search they just impound the vehicle after which they search it to take inventory of possessions anyway
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Also not quite true. After being arrested you cannot refuse the search of your vehicle but before hand they cannot touch the inside unless you are being arrested or you give them permission orrrr probable cause. Basically they can always search your car if they want to, its a fucked up law. Your possessions are only inventoried if your car is seized due to a drug related arrest, not towed from a dui. If it is an alcohol related dui the car is towed by a local wrecker, not a police impound lot. 9/10 though if your car is not in harms way they will allow you to call someone sober to drive it home.
 
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BeerAd said:
Also not quite true. After being arrested you cannot refuse the search of your vehicle but before hand they cannot touch the inside unless you are being arrested or you give them permission orrrr probable cause. Basically they can always search your car if they want to, its a fucked up law. Your possessions are only inventoried if your car is seized due to a drug related arrest, not towed from a dui. If it is an alcohol related dui the car is towed by a local wrecker, not a police impound lot. 9/10 though if your car is not in harms way they will allow you to call someone sober to drive it home.
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probable cause was a given because why else would they be interested in searching your car
 
w_a_w said:
probable cause was a given because why else would they be interested in searching your car
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Any number of reasons. We got pulled over completely sober on a speeding ticket and the cop asked to search my buddies vehicle, told him no. We had to wait until a drug dog came and snifffed out the car before he let us go. Many cops will look at you, the way you are dressed and how you act to determine whether or not they would like to search the vehicle.
 
Here this will explain better than my dumbass can...

Constitutional rights protect American citizens against illegal search and seizure. In today’s turbulent times it has never been more important for the average citizen to understand constitutional rights to protect against unwarranted searches. Most Americans own automobiles but many are not aware of when law enforcement officers have the right to search a vehicle including the trunk space. Specific laws determine just when and under what circumstances an officer can search the trunk of a car.

In many cases, police officers have no right to search the trunk or interior of a vehicle during a routine traffic stop but recent statistics from the Bureau of Justice indicate that out of 19.3 million traffic stops, l.3 million motorists were searched but almost 90% of the searches yielded no incriminating evidence. These searches included both the vehicle’s interior as well as the trunk.

Most citizens are familiar with warrants and a police officer with a warrant must be allowed to search home, property, or vehicles. However, it’s important to remember that to obtain a warrant; the officer must provide a higher authority with probable or just cause.

Searches without a warrant are permissible by law under some circumstances and these include:
• Consent searches. Any citizen who agrees voluntarily to a search by officers waives his or her rights under the Fourth Amendment of the Constitution. Any incriminating materials or evidence found during a consent search provides law enforcement officers with the right to detain, arrest, and confiscate.

• Plain View Rule. If a motorist is stopped for a traffic violation and he or she has an illegal substance or possession (i.e. drugs or a weapon) in plain view, an officer does not require a search warrant to investigate further.

• Searches made in connection with a legal arrest. If a motorist is arrested for driving under the influence, then a search of his or her vehicle is permissible under law.

• Exigent circumstances. This type of search is more difficult to narrow down but can be performed at any time an officer feels that swift action is necessary to prevent imminent danger to life or serious damage or if officers fear that important evidence is about to be destroyed.

• Probable cause. If an officer has reason to believe that a crime is or has been committed, he or she has the authority to search. Examples might include bank robbers with a back seat full of money bags or a vehicle filled with marijuana smoke although no drug is visible.
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w_a_w said:
I already know all this shit, you're just being argumentative for no reason :p
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I am seriously not trying to be but I see that I am :eek:

I just think I know what I am talking about and half the other shit such as "a cop can legally search your car at any time" is not correct. The impound inventory thingy too.

I am not trying to be argumentative but I am right :D
 
BeerAd said:
The officer can ask him whatever he wants to ask him, it is the citizen that has the right to not answer. As for legal counsel we would have to have someone look that up but I still stick with my original statements.
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So you're saying that legal counsel can be denied during questioning? This isn't Gitmo...

100% untrue on this one. The only way the cop can enter your private property is if you allow them to search your vehicle. It is exactly the same as your home but the reason's for probable cause in a car are a lot more vague. Now I believe if you have a registered firearm you maybe correct because that happened to us about a month or two ago.
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100% untrue. You need to pay closer attention to what your Supreme Court is doing. Things are different for a vehicle.

http://findarticles.com/p/articles/mi_qa4440/is_200405/ai_n16064544



"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you."

I am still pretty sure I am right, you have the right to an attorney during questioning, after being arrested for the crime at hand. They will not and can not sit around on a road waiting for your lawyer to show up.
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See bolded section. Thank you for agreeing with me. :)
 
fly said:
So you're saying that legal counsel can be denied during questioning? This isn't Gitmo...
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And you are saying that legal counsel has to be provided immediately when asked which makes no sense. If a suspect is lying in a pool of blood with a knife in his hand and asks to speak to an attorney they do not let him sit there while he waits for his attorney, giving him the power to destroy evidence. They take him to jail and then let him speak to his attorney after her has been booked. Which is exactly what my point is even with a dui they are not going to sit on the side of the road and wait for you to call a lawyer. They take you to jail, book you and then you can call your lawyer.

100% untrue. You need to pay closer attention to what your Supreme Court is doing. Things are different for a vehicle.

http://findarticles.com/p/articles/mi_qa4440/is_200405/ai_n16064544
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You are still completely missing my point. They have to have probable cause and even your link says that by pointing out that "The new interpretation from the high court relaxes the standard to allow a search at any time when an officer is preparing to make an arrest." Which means exactly what it says, before the office makes the arrest, keyword being "arrest". No where in this law does it state that the officer can search your vehicle for a traffic ticket nor does it state that they have free roam to search your vehicle any time they see fit as you stated. This whole article was based on the supreme court giving them the right to search before an arrest is made so that they are not in harms way. Again, that does not mean they can just search your car if you have done nothing wrong. It has to be before an actual arrest.

See bolded section. Thank you for agreeing with me. :)
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I agreed with you, yes, you have the right to an attorney and I never said otherwise. It is pretty simple to figure out that you will not be able to talk to an attorney on the side of the road or at the time of arrest in general.

Please name me one person that was able to get an attorney to show up on the side of a road during a DUI because the officer allowed them to call and waited for them. Because I can name you about 20 that got taken to jail first and then were able to speak to their lawyer.

You can keep trying to say I am wrong but honestly you have not proven a thing yet to make me believe I am wrong. The second you do I will tuck my tail and say, yes Zac you are right, like I have in the past. ;)
 
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