"Ken Finney" wrote in message
...

"Maxwell" wrote in message
...


It's a States Rights issue. Different States have different laws.


Forth ammendment of the US Constitution

The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.

I don't know about the Feds and their Patriot Act, but state and
municiple authorities cannot search your vehicle without probably cause.
Agreed, probable cause can be a slippery slope, but they do not have the
right to search every vehicle at their own will.


From Findlaw:

"Q : Can the police legitimately search my vehicle without a warrant?
A : That depends on the circumstances. The police would not usually have
the right to search your automobile when you are stopped only for a minor
traffic offense such as speeding, but if the violation requires that you
be taken into custody (for example, a "Driving Under the Influence" [DUI]
arrest or driving with a suspended license), the search would generally be
permitted. If the officer has arrested you, the officer does not need a
warrant to pat down your body in searching for weapons.

In general, when an arrest is not involved, the police have more latitude
to search a vehicle than to search a home. The U.S. Supreme Court
recognizes an automobile exception to the Fourth Amendment's protection
against warrantless searches. The Court has held that a person expects
less privacy in an automobile than at home. (No one ever said "A man's
Chevy is his castle.") The rationale for permitting warrantless searches
of cars is that the mobility of automobiles would allow drivers to escape
with incriminating evidence in the time it would take police to secure a
search warrant. For a warrantless search to be valid, however, the officer
must have probable cause. (See the "Criminal Justice" chapter for more
details on this topic.)

Q : What is probable cause?

A : Probable cause, in this context, is a reasonable basis for the officer
to believe that the vehicle contains incriminating evidence, so that the
officer is legally justified in searching it.

Q : What part of the vehicle may the police search if they have probable
cause?

A : Generally, the police officer may search the immediate area at the
driver's command, that is, under and around the front seat. The law is
always changing. Sometimes state constitutions offer greater protection
against searches than the U.S. Constitution. Therefore, if you have
questions about a search the police have made of your vehicle, it is best
to consult a lawyer in your state

Q : May the officer search in my glove compartment?

A : Yes, the Supreme Court has held that such a warrantless search is
permissible. The reason is that the glove compartment is within the
arrested driver's reach.

Q : May the officer search a closed container inside my car?

A : Police are permitted to search containers or packages found during a
legitimate warrantless search of a vehicle. The container must be one that
might reasonably contain evidence of a crime for which the officer had
probable cause to search the vehicle in the first place. In 1982, the
Supreme Court ruled that the police do not need a warrant to search closed
containers found in the passenger compartment of an automobile whose
occupant is under arrest.

Q : Can the police legitimately search my vehicle without a warrant?

A : That depends on the circumstances. The police would not usually have
the right to search your automobile when you are stopped only for a minor
traffic offense such as speeding, but if the violation requires that you
be taken into custody (for example, a "Driving Under the Influence" [DUI]
arrest or driving with a suspended license), the search would generally be
permitted. If the officer has arrested you, the officer does not need a
warrant to pat down your body in searching for weapons.

In general, when an arrest is not involved, the police have more latitude
to search a vehicle than to search a home. The U.S. Supreme Court
recognizes an automobile exception to the Fourth Amendment's protection
against warrantless searches. The Court has held that a person expects
less privacy in an automobile than at home. (No one ever said "A man's
Chevy is his castle.") The rationale for permitting warrantless searches
of cars is that the mobility of automobiles would allow drivers to escape
with incriminating evidence in the time it would take police to secure a
search warrant. For a warrantless search to be valid, however, the officer
must have probable cause. (See the "Criminal Justice" chapter for more
details on this topic.)

Q : What is probable cause?

A : Probable cause, in this context, is a reasonable basis for the officer
to believe that the vehicle contains incriminating evidence, so that the
officer is legally justified in searching it.

Q : What part of the vehicle may the police search if they have probable
cause?

A : Generally, the police officer may search the immediate area at the
driver's command, that is, under and around the front seat. The law is
always changing. Sometimes state constitutions offer greater protection
against searches than the U.S. Constitution. Therefore, if you have
questions about a search the police have made of your vehicle, it is best
to consult a lawyer in your state

Q : May the officer search in my glove compartment?

A : Yes, the Supreme Court has held that such a warrantless search is
permissible. The reason is that the glove compartment is within the
arrested driver's reach.

Q : May the officer search a closed container inside my car?

A : Police are permitted to search containers or packages found during a
legitimate warrantless search of a vehicle. The container must be one that
might reasonably contain evidence of a crime for which the officer had
probable cause to search the vehicle in the first place. In 1982, the
Supreme Court ruled that the police do not need a warrant to search closed
containers found in the passenger compartment of an automobile whose
occupant is under arrest."


Good information but I think I missed your point.