Arrest, Search, Seizure, Warrant Searches,PA

Status
Not open for further replies.

Parabellum

New Member
Couple questions on search and siezure laws in Pennsylvania. I have a general idea about the fourth amendment but im unsure about a couple things.

1. What if i were to get pulled over by a police officer and he does not know(Or does not care) that i have the right to refuse an unreasonable search of my car. If it were just me and him(And he had no reason to arrest, thus negating my right) how would i make it so it wasnt my word agaisnt his in court? Should i just start holding up 4 fingers to his cruiser's dash camera while he goes through my car?

Also what if he tries argueing that my refusing a search is probable cause(Which would be ridiculous, but ive hear of it happening).

2. Ive heard a rumour that a cop can search you if he feels threatened. Wouldnt that be profiling unless you were disorderly. I mean how can they argue that im more threatening then that other guy walking down the street?

3. If i didnt get read my rights should i report that to the commanding officer or just keep my mouth shut till i see a lawyer?
 
1. What if i were to get pulled over by a police officer and he does not know(Or does not care) that i have the right to refuse an unreasonable search of my car. If it were just me and him(And he had no reason to arrest, thus negating my right) how would i make it so it wasnt my word agaisnt his in court? Should i just start holding up 4 fingers to his cruiser's dash camera while he goes through my car?
What would these four fingers mean? And, of course, you are assuming there is a dash cam or that it is turned on. If the officer was so intent on violating your rights, you think he'd leave the camera on and the audio still recording?

There's no real way to guarantee it wouldn't be your word against his short of wiring your car for sound.

Also what if he tries argueing that my refusing a search is probable cause(Which would be ridiculous, but ive hear of it happening).
A first year law student could that tossed. If the officer even TRIES to articulate a refusal to consent as probable cause for a search it'll be tossed ... provided, of course, there are no other reasons.

2. Ive heard a rumour that a cop can search you if he feels threatened.
It's not a rumor, but the search is limited to a search for weapons. This is sometimes called a "Terry Search", a "pat down", or even "a frisk".

Wouldnt that be profiling unless you were disorderly. I mean how can they argue that im more threatening then that other guy walking down the street?
The probable cause to justify a search for weapons is minimal and is limited to an exterior pat down of clothing and accessories that might contain a weapon.

3. If i didnt get read my rights should i report that to the commanding officer or just keep my mouth shut till i see a lawyer?
Nine arrests out of ten do not require Miranda. Miranda is generally only required if you are interrogated AFTER an arrest. If you believe a Miranda violation has occurred, you speak to an attorney. The attorney can then seek to suppress any statements or evidence obtained as a result of the unlawful interrogation.

- Carl
 
I meant the 4 fingers as an obviously failed joke. Like i was attempting to make it clear that my 4th amendment was being violated.... that probably went way over everyones head, bad wording i guees.

Thanks for the answers, ill throw you a plus rep or whatever this forum uses for being gratefull.
 
I thought that might have been what you meant, but it is not a clear symbol of anything ... though in the police vernacular four fingers held up represents "code 4" meaning that no additional assistance is necessary and everything's okay. THAT might not be the symbol you would want to relate.

- Carl
 
Status
Not open for further replies.
Back
Top