Can a LEO break the law to give you a ticket?

[Buz]

The RIGHT Way to Handle a Police Stop - YouTube

Never consent to a search...

Love that video. Of course it's mostly BS though.

My take on that video is that they were smoking grass and/or drinking (judging by how freaked out the passengers were and the rolling up of the windows)
If the officer smelled alcohol or grass in the car, he wouldn't have needed the drivers permission to search. At least that's my understanding of probable cause.

[dr_King]

RE:searches...
1) The big one as stated is incident to a lawful arrest as in DWI etc.
2) Warrant
3) Weapons / contraband in plain view / officer safety / LEO spots vehicle matching description of a felony. Car is getting tossed.

[KnightHawk]

The RIGHT Way to Handle a Police Stop - YouTube

Never consent to a search...

One way to get around this is the use of K-9. I've seen it worked really well and it's amazing how these dogs are trained. You don't have to even open the doors.

Here's some answers to your question.
When does a K-9 sniff implicate a suspect's 4th ammendment rights? A Quinlan investigative stops quiz

[KnightHawk]

Just some added info about "warrantless search".

The Fourth Amendment, as it is generally understood, protects you from unreasonable search and seizure. The Supreme Court has looked at a number of cases involving Fourth Amendment rights and warrantless searches. In most instances, the officer can conduct a search if they have probable cause to do so. This is essentially a hunch backed up by reasonable suspicion. There may be something in your behavior, your physical appearance, or the physical appearance of your vehicle that would prompt an officer to search.
For example, you might have been pulled over because you were driving erratically. However, a smell coming from the car or signs of slowed reflexes on your part may have indicated you are using some type of drug or alcohol. If the officer decided to search your car from glove box to trunk based on the suspicion that you are using and possibly transporting an illegal substance, this would be probable cause.
Search & Seizure of Cars
Other cases involving the search of cars have involved the "plain view" standard and the right of police to search passengers' belongings found in a car. In Chimel v. California, the court held that police may search the person and all areas under a person's control or reach. Anything in "plain view" can be seized. This standard includes car searches. In Wyoming v. Houghton (1999), the court ruled that if the officer has probable cause to search the car, they can also inspect passengers' belongings. The idea is that the item, a purse for example, might conceal the object of an officer's search.
Search & Seizure of the Trunk of a Car
The same reasoning can be applied in the case of a trunk. It would be in control of the car's driver, and barring some unusual circumstance, within his or her reach. A trunk generally conceals its contents. So, an officer may look there if there is a belief that what he is searching for might be in the trunk.
No Warrant is Required to Search a Car
Another point on law enforcement's side is that cars are generally excepted from the advance warrant requirement because of their mobile nature. This gives them license to conduct warrantless searches of cars. An officer only has to meet the probable cause standard in most instances. This is relatively easy to do. Proving that an officer did not have probable cause is much more difficult and has only succeeded in a few cases. Most of those cases have involved racial profiling of some type, lack of consent, or a small exception in the public's favor...traffic violations.
The Supreme Court ruled in Knowles v. Iowa that police cannot search a driver or passengers after ticketing them for routine traffic violations. In its decision, the Court said that a traffic violation is not an "arrest." Police officers' ability to conduct searches is limited so you would not be in their custody. The probable cause argument is also diluted in this case. Ticketing you for turning right at a red light does not give an officer probable cause to search you or your car. Traffic violations are not inherently connected to any other criminal activity. This voids a claim of "reasonable suspicion" on the officer's part.

Bottom line is, you may choose to have your vehicle searched if the officer ask your permission to do so and that you know you are not hiding anything from him. I've been searched before and it did not take long to let the officer do it. I think this is the fastest way to move on. The other option is to refuse the search when being ask. Depending on the situation, this will lead to time delays to work, appointment or errands. Most traffic violations don't require searches unless triggered by some tell tale signs as stated above. If you refused to be searched, it just sends out a message of suspicion and expect to have an extended holding time. There is always the proper time and place to where a consent to search has to be done. Think wisely before you make your decision.

[Immigrant]

Good points man!

Thanks

[Malibumaxx]

Just throwing this out there but I had an officer blow my doors off one night going to pick up my father from work. He was doing well above 120 mph. No lights no siren no warning. Quite frankly it scared the crap out of me because it was the lane next to me. That was not safe. Yes, it was 11 o'clock at night with very few cars on the road but no where was that safe. I was driving PSL which was and still is 55. Mind you many a deer are on that road and could have caused much more serious implications had something ran out in front of his vehicle. There really should be set safe limits for police in non emergency situations.

I wish I had the vehicles plate... could have very well got the officer in trouble if I had evidence... such as a video...

[teeto]

You have no idea that wasn't an emergency situation. Lights or lights and sirens are not always used in emergencies. You, as well as 99% of the general population, have ZERO clue as to police tactics and policies. Not trying to be a dick, just stating a fact.

[Idontgo55]

Leos speed they do it because they can and they do need to at times

I have hit Ga state troopers going 75mph in 55mph with a Pro Laser I'm sure I could get faster also

I have rode with a Leo we did like 85mph in a 35 to a fight ect

[1DREAM2REALITY]

to answer the question of the topic, can LEO's break the law to give a ticket: Officially, no, a LEO cannot break the law to give a ticket, however, in most cases, they will do so if they wouldn't get caught in breaking that law. Always keep your guard up.

[Idontgo55]

to answer the question of the topic, can LEO's break the law to give a ticket: Officially, no, a LEO cannot break the law to give a ticket, however, in most cases, they will do so if they wouldn't get caught in breaking that law. Always keep your guard up.

From a Stopped Car to get a speeder say 70 they are going to need to speed to up at least 100mph or that car will be gone in no time...They have to always keep eyes on the car