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#1
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I am trying to verify some information my friend told me. It may be way wrong but just hear me out.
He used an example to explain it to me, here's the situation: say you get pulled over for speeding, or a taillight out and the officer wants to search your car. My friend says if you(without arguing being offensive) simply do not contest to a search and there is nothing visible or obvious reason for a search(smell, eyes, ect.) The officer(assuming he wants to continue with a search) will have to call a k-9 unit to the scene. _____________________ here is the loop hole he claims will work: If the officer holds you at the traffic stop for longer than the given time they have to issue the ticket for the reason you were stopped(ie: speeding or tail light) then any charges on you(even if they do get the canine and search) will NOT hold up in court. supposedly anything they find on you, IF they take longer than they legally have, will not stick if you take your case to court. again this will not work if say, a k-9 unit is close enough that they don't go over the time limit(which i don't know if it even exists) please someone with legal knowledge help me out now, I don't plan on driving around dirty often enough for this to be a problem but I do like to know what options I have in a situation such as this. anyone know about this? agree or disagree?
__________________
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#2
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In the USA, I don't think there is a time limit. They can take all the time they want. Your not under arrest, but they can "detain" you while they do their thing. Just like they can cuff you "for your and their safety" without arresting you while they do their thing.
Even if there was a time limit, they would just let you go only to be stopped by another LEO and the time would start again. I have the belief that if they want to get into your stuff to search it, they will find some reason...You said no in a bitchy or argumentative way? Your not cooperating with the police, that is obstructing sir...your under arrest...NOW they can search everything. Rule #1: Never drive dirty so you won't have to worry about getting screwed into a search or not, as there will be nothing to find. |
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#3
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i do believe there is a time limit in the states and that it isnt suppose to take longer than to verify you information ie dl insurance reg and issue a ticket if you deserve one if k9 not there then away ur supposed to go but cops will lie and try to trick you to make you stay, but you need to specify why are you being detailed, if so and now with all cell phones i would record what they say cus if they are illegally deatiling u all info they gather should be dissmissed
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#6
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#7
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#8
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im pretty sure it is in the US as well. i know for fact that if you record ANYONE(video or audio) without thier knowledge or a warrant its useless in a court of law. you have to post signs letting people know your recording video and you have to tell people when you record a phone conversation, thats why telemarketers/bill collectors always say they record for quality/training purposes.
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#9
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I wonder how police behavior would change if they knew you were recording them? I've seen plenty of illegal searches on cops, so maybe not.
For example, say I hooked up some kind of surveillance camera in the car. As long as I inform them they are being recorded, can they make me turn it off? That's not practical for me, but perhaps someone who regularly transports felony amounts could find this useful? Just thinking out loud... |
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#10
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If you refuse the search and dogs are called they will pull you out of the car when K9 arrives. Remember to roll up all your windows and lock your car if possible. Hope this Helps! RockChalk |
| Tags |
| hole, laws, loop, searching, suposed, vehicle |
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