FAQs: General Law; Arrests and Interrogations; Searches and Seizures

I have a few questions about being questioned by police officers, but it is before any arrests take place. First off, I am going to college in the rinky-dink town of Maryville, MO., population of between 10,000-15,000. There is not a lot of drug activity that takes place in this town, but when it does the police have a way of knowing all about it and who is involved in it, and somehow my name has been out there lately. A couple times already this year, I have been pulled over for minor traffic violations (one headlight out, driving with highbeams on) and upon seeing my name on my drivers license, they begin asking many questions. Questions such as, "Where are you coming from", "What were you doing over there", "What was their name", "Where are you going now", etc. Now my question is do I have to answer these questions, and if not what will happen if I refuse to? Also, do you think I could just make up some bullshit line without them ever knowing whether i was lying or not, or do you think i could end getting caught up in my lie in case they did some looking into what i was saying? Basically, can i lie to cops about petty details after getting pulled over and get away with it or not.
 
Originally posted by dakeva:
If you're taken into custody by the police, you don't have to use any magic words to let police officers know that you want to remain silent. You can simply say nothing in response to police questions. Or, after an officer gives you a Miranda warning, you can stop the questioning by saying something like:
  • I want to talk to an attorney.
  • I won't say anything until I talk to an attorney.
  • I don't have anything to say.
  • I don't want to talk to you anymore.
  • I claim my Miranda rights.
If the police continue to question you after you have asserted your right to remain silent, they have violated Miranda.
Clarification....
If I remember my Criminal Procedure class correctly, if you simply exercise your right to remain silent, the cops can resume the interrogation later. But if you exercize your right to counsel (e.g., you ask for an attorney), they can't try again later.
My professor's advice was something to the effect of, "Tell them that you want to remain silent and that you want a lawyer, and then shut up."
Disclaimer: I am not a lawyer and this is not legal advice.
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Miranada basically says that you have the absolute right to remain silent and the right to have a lawyer present during the interrogation.
As a practical matter, the cops will continue to interrogate you until you make it absolutely clear that you refuse to answer any questions, period.
To be safe, I would request that a lawyer be present during your questioning as opposed to simply stating that you have nothing to say.
 
What about searches in the student parking lot at school? If a dog smells something in your car is everything inside pretty much fair game to be searched?
And at school who has the authority to search purses and whatnot? Can someone like a teacher or guidance counceler do it?
Any info on this would be helpful. :)
 
OK I have 0% experience here so Im goin by hear-say, which sounds kinda wierd to me, but could also be true, just wanted to see what other people had to say or if anyone knew any facts on this(i read through some FAQS didnt see anything).
OK can a cop search a car that is not in your name? meaning, I am in a rental and he wants to search me? also what if me dog is in the car? can his dog be brought to the scene to?
 
yesterday 2 deputies were walking around the property outside my house. I live on nten acres in Arkansas. I had things inside they didn't need to see, so I just stayed inside. My question; Did they have a right to be walking around looking on my property? There was nothing they could have seen on my property they could have seen from the adjoining property. They just knew I spent time for manufacturing 3 years ago, and parts of a meth lab were found 1/4 of a mile away. P.S. The parts of a lab ween,t mine. Any advice on what I should do?
 
Mikdew...
Not entirely sure by what you mean, "what should I do?" But, to answer your question, YES, they can walk outside your property. Essentially, anything visible outside the home can be used. Even if you were to be growing marijuana in your backyard, surrounded by 10-foot-high walls, with the plants only visible from a hovering helicopter (this happened in a fairly recent California case), the evidence would be allowed in.
 
Everyone tells me to put everything in the trunk, and someone stated the same above. Cops can't check your trunk? Whats the deal?
 
It isn't that they CAN'T check your trunk, just that it is much harder to show probable cause for looking in the trunk. Things that are in the driver's reach are much easier to defend as a reasonable search.
 
It's not so much probable cause as the circumstances of arrests.
For a search incident to arrest, the cops are allowed to search the "grab area", which basically means anything within your reach. For cars, this has been construed to mean the entire passenger compartment of the car, but not the trunk.
So if you're arrested, they can search the passenger compartment, but not the trunk.
If they want to search the trunk, then they need probable cause.
 
Here's an interesting twist on this issue...
Cops suspected a young man was in possession of marijuana. They believed he was transporting it in his car. While they had no way to just randomly pull him over and search his car, they waited until a time when his meter had expired on a city street. They towed the vehicle, and upon impoundment, were allowed to conduct an inventory search on the vehicle, including the trunk, and then found the weed.
So, as you see, you don't always even need an arrest to search the trunk. I love the law ;)
 
Just a question about the trunk issue. SWIM was pulled over once, had beer in the front, was arrested and the cops did search the entire vehicle, inlcuding the trunk after finding the beer? Was that ok for them to do?
And also, say one was pulled over for running a red light and had something illegal, for instance a couple cases of beer in their trunk, and the cop decided that he was acting nervous or "smelled alcohol" or his "pupils were dilated" etc. Could that cop then search the whole car including the trunk?
Just some hypothetical questions. ;)
Thanks
 
rollinroosta: short answer-yes, it was almost certainly (these questions ALWAYS depend very precisely on the particular facts)legal for them to search the trunk, for any of several reasons. If an arrest of driver occurs, almost always search of entire vehicle allowed as an "inventory" of the vehicle; or if there's probable cause to search the vehicle, the trunk (and conatainers inside!) is included. Other justifications exist, but bottom line is in a vehicle-stop situation, police have VERY broad powers.
 
Originally posted by Jumbo:
rollinroosta: short answer-yes, it was almost certainly (these questions ALWAYS depend very precisely on the particular facts)legal for them to search the trunk, for any of several reasons. If an arrest of driver occurs, almost always search of entire vehicle allowed as an "inventory" of the vehicle; or if there's probable cause to search the vehicle, the trunk (and conatainers inside!) is included. Other justifications exist, but bottom line is in a vehicle-stop situation, police have VERY broad powers.
While things may be different in practice (and depending on your jurisdiction) my understanding is that an arrest only justifies a search of the compartment area (and any containers therein). If they want to do an inventory search, they'd have to impound the vehicle. Also, probable cause to search the passenger compartment does not extend to the trunk automatically.
I'm sure a lot of judges don't pay attention to these distinctions, but some do.
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what are laws for juveniles??? cuz im doing a report about them and i need to know of them!
 
Nice work dakeva!

To elaborate on the issue of posting property on a bail or a bond that is the equivilent of the cost. This most always requires that real property (land or a house affixed thereto) be presented as collateral as opposed to personal property (car, furniture etc.).

The clerk of the respective court is responsible for determining if the real property concerned has sufficient value or equity (the diff. between the amount owed and the fair market value) to "cover" the bond.

Once sufficient value has been established, a deed of trust must be executed and deeded in the name of the clerk of the court. It is preferable that the land lie within the same district as the court. Once the appearance has been made and the matter is completely settled, a subsequent deed must be filed to rescind the original trust deed.
 
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