Probable cause?

This is a discussion on Probable cause? within the Drugs Charges forum, part of the Arrests, Searches, Seizures category; I walked up to a motel room raid. I never entered the room, I just asked the officer at the ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Aug 13th, 2008, 10:21 PM   #1
tiphenirocks
Guest
 

tiphenirocks's Avatar
 
Posts: n/a

Default Probable cause?

I walked up to a motel room raid. I never entered the room, I just asked the officer at the open door what was going on. They detained me and made me wait. Then they asked if I would consent to a search of my vehicle. I asked why, I hadn't done anything wrong except express interest in what was going on at an aquantences motel room. They couldn't give me a good reason so I said no. They continued to detain me until the k9 unit got there. Can they do that?
  Reply With Quote
Sponsored Links
International Law Issues?
Old Sep 4th, 2008, 01:03 AM   #2
Smitty755
Guest
 

Smitty755's Avatar
 
Posts: n/a

Default Re: search & seizure

being a passenger in a car that drugs was in. what are my rights. my Miranda rights was not told to me before the search
  Reply With Quote
Old Nov 6th, 2008, 08:08 PM   #3
Junior Member
 

lwsii's Avatar
 
Join Date: Nov 2008
Location: Pearl MS
Posts: 8

Default Re: Probable cause?

(1st poster)yes, they can detain you for a K9, you did right by refusing consent, more people should,
(2nd poster)not reading you your Miranda prior to vehicle search makes no difference.

Last edited by lwsii; Nov 6th, 2008 at 08:09 PM.
lwsii is offline   Reply With Quote
Old Apr 11th, 2009, 12:07 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Probable cause?

The answer is "yes". You can be detained for a "reasonable" amount of time. Many federal courts have found that up to 90 minutes is reasonable.
  Reply With Quote
Old Apr 11th, 2009, 12:10 PM   #5
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Probable cause?

Smitty: The police do not have to read you the Miranda Warning unless they intend to question you about an offense. Everyone thinks (from watching too much TV) that the police are required to read the Miranda Warning on every arrest made. I reiterate...I the police intend to question you about an offense, then they are required to read the Miranda Warning prior to questioning.
  Reply With Quote
Old Apr 11th, 2009, 12:32 PM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Probable cause?

see also WORLDLawDirect - Miranda
  Reply With Quote
Old Apr 19th, 2009, 09:34 PM   #7
GinMoo
Guest
 

GinMoo's Avatar
 
Posts: n/a

Default Re: Probable cause?

To understand probable cause, you first must understand the court case Mapp vs. Ohio. Under the court case, Mapp vs. Ohio, the police did not have a legal search warrant to search a woman's house, which was suspected to have illegal substances. Come to find out, not only did she have "illegal substances" but she also had substantial amounts of pornography- the situation could have gone along in these 3 different ways-
1. They could have gotten a search warrant-no questions asked.

2. They searched the house illegally, but under the Exclusionary Rule, all evidence found that was not originally intended for when doing the search, would have been excluded- such as the porn.

3. Under probable cause it requires the use of the five senses or under suspicion in which, IT DOES NOT REQUIRE A SEARCH WARRANT!

In your case, the Miranda Rights would not apply here. That would only be for your 5th amendment rights, your right to an attorney. In that case, you would've had to been convicted of a crime, in which you were not.Therefore it's null and void...

So a long story short, yes, they has EVERY RIGHT to search you vehicle under probable cause- EVEN IF YOU WERE NOT INVOLVED! XD! Sad isn't it? !
  Reply With Quote
Reply

Bookmark & Share

Tags
None

This thread has 6 replies and has been viewed 719 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Probable Cause Unregistered Arrests, Searches, Seizures 2 May 11th, 2009 09:29 AM
what is probable cause mazpn Arrests, Searches, Seizures 1 Apr 8th, 2009 10:35 AM
what is probable cause mazpn Arrests, Searches, Seizures 1 Apr 8th, 2009 10:01 AM
probable cause jplamb Arrests, Searches, Seizures 0 Mar 25th, 2009 01:25 PM


International Law Issues?


All times are GMT -5. The time now is 01:31 AM.