QUESTION
Can police stop anyone whenever they want to and search without a warrant?
Asked on Sep 14th, 2014 on Personal Injury - California
More details to this question:
I was driving on a remote California HWY in northern California and I was stopped by a police. After he already stopped me he told me that he was aware that I was from Michigan (which does not require a front bumper license plate) however, he would like to search the trunk of my truck because I have the tonneau cover on. My question is can a cop just stop anyone because he feels like it or want to?
3 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No. Not having a front license plate (and being from a state that doesn't require one) is not probable cause. He was just harassing you trying to get you to agree to give him permission to search. Hope you didn't.
Answered on Sep 16th, 2014 at 9:44 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The cop would need a valid reason (probable cause) to stop you and a warrant to search your vehicle. You could have declined to give him permission and the search, without a warrant, would have been illegal.
Answered on Sep 16th, 2014 at 9:41 AM
The police can only stop someone if they see that person committing a crime in their presence or for probable cause. California has no law requiring a front license plate. The officer appears to have had no right to stop you. That is why he asked for permission to look in the truck bed. If he had found anything illegal, his finding could probably be barred from being presented as evidence because the stop was illegal [fruit of the poisoned tree; since the stop was illegal, the search, even with your permission, would be illegal.
Answered on Sep 16th, 2014 at 9:40 AM