This is disturbing

[Thulack]

Lol my local Paper is the one quoted in that article. And yeah not suprised at all.

[moklianne]

Originally Posted by Rogean [You must be logged in to view images. Log in or Register.]

This has always been the case in most states. It says that if the police officer has probably cause, he can search without a warrant. It sounds like previously even if they SAW drugs sitting in plain site, they couldn't search. In any other state the officer would arrest you and search the car. So PA is just getting in line with most other states now.

Yup, its been this way in NY forever.

[Millburn]

It's been like this for a long ass time in quite a few states. A lot of times the way the police get "probable cause" in these scenarios is to call in a K-9 unit. This is assuming that they're shady as fuck at this point which is not what I'm implying happens all the time but it does happen. The K-9 handler can give a signal and have the dog put his paw up on the car which would give them probable cause because the dog is "signaling".

[Ahldagor]

in tx, state troopers just have to say "i smell marijuana" and they can search your car. only reason they say it is for the dash recorders. they search everyone regardless of probable cause.

[Rogean]

So far every time I've been pulled over by state troopers in Massachusetts, Connecticut, and Kansas, they've all been professional and down to business without overreaching (which has been quite a few times). Both times I was pulled over by local cops they've wanted to give me shit about every little thing and one went even so far as to ask me to move things around in my own car so he could see what was under them. Was asking me if I had been drinking even there was no indication whatsoever, gave me some bullshit ticket (wasn't even speeding), and etc.

Local cops are just far less educated than troopers.

[Glenzig]

Originally Posted by Rogean [You must be logged in to view images. Log in or Register.]

So far every time I've been pulled over by state troopers in Massachusetts, Connecticut, and Kansas, they've all been professional and down to business without overreaching (which has been quite a few times). Both times I was pulled over by local cops they've wanted to give me shit about every little thing and one went even so far as to ask me to move things around in my own car so he could see what was under them. Was asking me if I had been drinking even there was no indication whatsoever, gave me some bullshit ticket (wasn't even speeding), and etc.

Local cops are just far less educated than troopers.

Yeah that's pretty much a running theme everywhere. Got pulled over once in my hometown by a local cop. I wasn't speeding, hadn't made any funny or illegal turns, hadn't run any lights or stop signs. I asked him why he pulled me over, he said I was "swerving in my own lane". I told him I didn't even know what that meant or how it could be ticket able since its not causing any danger to myself or others.

Then he proceeded to tell me that I had in fact swerved into the other lane. I asked him when this happened. He told me the approximate place, I believe it was right before a bridge. I said, "oh yeah, I may have swerved there, didn't you see the dog carcass on the road?"
"Yes but that's no reason to swerve into oncoming traffic."
I was a little younger then, so my smart behind told him to go back with a shovel and get the dead dog out of the road if its causing an obvious danger."
I ended up not even getting a ticket for the swerving, but my license was expired by 2 days. $450 ticket.
Just thought I would vent my anger for a second. Sorry for the wall of text, or if you just really didn't care about my stupid story.

[Goofier]

Originally Posted by Rogean [You must be logged in to view images. Log in or Register.]

Local cops are just far less educated than troopers.

Smaller budgets, too.
They have to justify the time they waste.
State troopers hereabouts generally won't pull you over unless you're doing at least 75 in a 55, less and they won't bother. Locals, however, are famous for a few speed traps.

[Raavak]

I was under the understanding that police had the right to search if they had probably cause already. Or maybe that was just my state.

My experience with cops is that though local cops aren't as educated they also were more likely to let me go for obvious minor infractions, where I would think a state trooper may not.

[Rogean]

Local cops love to play the "what if" game. "So you swerved into oncoming traffic to avoid the animal. What if another car was there?" "Well sir if there was another car there I would have to have slammed my brakes then, causing your dumb ass to rear end me and cite me for that instead so that you can avoid taking responsibility for the accident."

[tekniq]

Originally Posted by Furniture [You must be logged in to view images. Log in or Register.]

As rogean said this is nothing new and its always been that they can search your car under the 4th amendment with probably cause.

In NY and id imagine most if not all states this is the case. If a cop smells weed coming out of your car or can spot something that even resembles something illegal from outside of the car (like a joint roach or something) or anything like that then you can 100% expect your car to get searched and there isnt anything you can do about it. It would be kind of ridiculous to think that a cop should have to leave you and your car and go get a warrant before he can search it.

Its really not a big deal though. Keep your drugs/guns/kidnap victims at home. Keeping anything illegal in your car when you don't have to do is just plain stupid.

Even if he smells anything, he can't search your car. He has no probably cause that the smell came from weed or if you ran over a skunk. If something is visible in your car, he may have the right to search it, but saying "i smell something" is way too vague and I can see how they can exploit this.