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  #1    
Old 10-07-2009, 02:40 PM
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Default Suposed loop hole in vehicle searching laws
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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Old 10-07-2009, 03:04 PM
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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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Old 10-07-2009, 07:28 PM
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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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Old 11-05-2009, 06:41 PM
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In Canada recording them like that is actually an indictable offense if you don't declare that..
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Old 11-05-2009, 06:45 PM
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well, to find out if this is even possibly true, you should find out if there is a "time limit".
i highly doubt it.
why would they make a law to speed an officer up in his duty..?
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Old 11-06-2009, 06:03 PM
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Quote:
Originally Posted by Zeplike View Post
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?
There is little chance they will call out a K9 for no reason. But if they do you are hosed. Using a K9 is in fact an unwarranted search but the Court some how doesn't think so. Probably because you have no 4th amendment rights anymore. That is it in a nut shell. You have about a 1% chance of successfully pulling off a illegal search argument in Court - this from a successful lawyer, not from me.
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Old 11-07-2009, 08:12 AM
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Originally Posted by RickWhite View Post
There is little chance they will call out a K9 for no reason. But if they do you are hosed. Using a K9 is in fact an unwarranted search but the Court some how doesn't think so. Probably because you have no 4th amendment rights anymore. That is it in a nut shell. You have about a 1% chance of successfully pulling off a illegal search argument in Court - this from a successful lawyer, not from me.
Do you know how long they can legally detain you while waiting for the k9?
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Old 11-07-2009, 08:22 AM
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Originally Posted by born2killspam View Post
In Canada recording them like that is actually an indictable offense if you don't declare that..
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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Old 11-07-2009, 09:38 AM
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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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Old 11-08-2009, 09:14 AM
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Originally Posted by HowardWCampbell View Post
Do you know how long they can legally detain you while waiting for the k9?
In Kansas they have one hour after you get pulled over to charge you with something or they must let you go. As for the K9 unit, as long as you do not give the officer consent, they can only sniff the outside of your car within one hour of stopping you. If you really want to be safe dont touch your car right after handleing your shit or you might leave traces of it for the K9 to smell and thats all it takes.

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!

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