Any unique hiding spots in Bronco Sport?

[Boondocks2Badlands]

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[jkernitzki]

At that point they have to show reasonable probable cause to obtain a warrant signed by a judge or magistrate to search your vehicle….

Partially true. "Reasonable Belief" and "Probable Cause" are two levels of suspicion, and require differing justification and authorization to proceed with a search. Even if a warrant is required, it can be obtained electronically in minutes.

I guarantee there are dozens of little gotchas that can be used as legitimate arrestable offenses; traffic misdemeanors (not just infractions) are normally only given citations, but can get you in cuffs should the officer/deputy/trooper choose to do so. If that happens, you end up with a "Search Incident to Arrest" which does not require a warrant; the search includes the arrestee's person and the area within their immediate control (your car), where they could potentially access a weapon or evidence. This applies nationally, the Supremes have weighed in on it and found it to be a legitimate exception to the 4th.

Short of being a practicing Constitutional Law attorney, I'd suggest one simply remains calm, polite, and cooperative (to a point) when encountering LEO. Most citations/arrests stemming from traffic encounters are made by citizens talking themselves into it.

 

[Bucko]

Partially true. "Reasonable Belief" and "Probable Cause" are two levels of suspicion, and require differing justification and authorization to proceed with a search. Even if a warrant is required, it can be obtained electronically in minutes.

I guarantee there are dozens of little gotchas that can be used as legitimate arrestable offenses; traffic misdemeanors (not just infractions) are normally only given citations, but can get you in cuffs should the officer/deputy/trooper choose to do so. If that happens, you end up with a "Search Incident to Arrest" which does not require a warrant; the search includes the arrestee's person and the area within their immediate control (your car), where they could potentially access a weapon or evidence. This applies nationally, the Supremes have weighed in on it and found it to be a legitimate exception to the 4th.

Short of being a practicing Constitutional Law attorney, I'd suggest one simply remains calm, polite, and cooperative (to a point) when encountering LEO. Most citations/arrests stemming from traffic encounters are made by citizens talking themselves into it.

Very true. A burned out tail light in Florida gives them cause to pull you over and examine a vehicle.

 

[Mark S.]

Very true. A burned out tail light in Florida gives them cause to pull you over and examine a vehicle.

A minor traffic infraction like an inoperative light provides law enforcement a reason to pull you over. Traffic infractions are civil offenses, i.e. not criminal. To conduct a warrantless search requires more than a civil offense. An officer must have probable cause to believe your vehicle contains evidence of a crime, or they must obtain your consent to search. Officers will often push hard to get your consent, even to the point of suggesting they will search your car even if you don't consent, and that if they find anything things will go much "harder" for you.

What is probable cause? It can be many things:

• The officer smells booze or weed.
• You say something that may be construed as evidence of a crime.
• You and/or your vehicle matches the description of an APB.
• The officer can see something in plain sight in your car that is evidence of a crime.

These are just a few. While it's true law enforcement sometimes stretches the definition of probable cause to conduct a search, criminal cases that result from such searches are usually lost by the prosecution, mainly because any criminal evidence found due to an illegal search may not be used in a criminal trial. Is it a hassle to get arrested and have to pay a lawyer to get your @$$ out of a crack? Absolutely. But as others have noted, this kind of thing almost always follows from someone mouthing off to a cop just doing their job.

By all means, maintain your vehicle mechanically to avoid providing a reason to get pulled over in the first place. But if you do, your best bet to avoid further hassle is to be courteous and respectful, and do not give consent. "Officer, I know you're just doing your job, but I do not consent to any search."

You might get some push back if the officer has a "hunch." "If you've got nothing to hide why not let me take a look?" Just stick to the script: "Officer, it's not about hiding anything, it's about my rights. I do not consent to any searches."

 

[wireman]

Or don't pack anything you need to worry about.

 

[jkernitzki]

Traffic infractions are civil offenses, i.e. not criminal.

Many traffic violations can certainly be criminal. For example, a degree of speed above what is posted (20 mph here in AZ), is a misdemeanor. Normally it’s treated as a “cite & go”, but they absolutely can hook you up if they choose. There are numerous other examples throughout the US of criminal traffic laws.

 

[jkernitzki]

Or don't pack anything you need to worry about.

This.

 

[Mark S.]

For example, a degree of speed above what is posted (20 mph here in AZ), is a misdemeanor. Normally it’s treated as a “cite & go”, but they absolutely can hook you up if they choose.

A misdemeanor traffic offense is not probable cause for a search. Misdemeanor traffic offenses provide the reasonable suspicion required to detain and (depending on the circumstances) frisk an individual for weapons, but an officer must have probable cause to conduct a vehicle search or a more in-depth search of your person.

https://www.maricopa.gov/919/Probable-Cause-Versus-Reasonable-Suspici

If you are speeding fast enough for it to be a misdemeanor then you have definitely upped your chances of an unpleasant interaction with law enforcement. If you keep your cool, however, watch what you say, and remain respectful and courteous, you will not provide probable cause for a vehicle search.

 

[jkernitzki]

A misdemeanor traffic offense is not probable cause for a search.

I should’ve connected the dots completely.

Correct, the stop in & of itself is not justification for a search.

But, given that a misdemeanor traffic violation is an arrestable offense (as is any misdemeanor in any state), if one is arrested for that violation then a search incident to that arrest may follow with no warrant necessary.

 

[Bucko]

A minor traffic infraction like an inoperative light provides law enforcement a reason to pull you over. Traffic infractions are civil offenses, i.e. not criminal. To conduct a warrantless search requires more than a civil offense. An officer must have probable cause to believe your vehicle contains evidence of a crime, or they must obtain your consent to search. Officers will often push hard to get your consent, even to the point of suggesting they will search your car even if you don't consent, and that if they find anything things will go much "harder" for you.

What is probable cause? It can be many things:

• The officer smells booze or weed.
• You say something that may be construed as evidence of a crime.
• You and/or your vehicle matches the description of an APB.
• The officer can see something in plain sight in your car that is evidence of a crime.

These are just a few. While it's true law enforcement sometimes stretches the definition of probable cause to conduct a search, criminal cases that result from such searches are usually lost by the prosecution, mainly because any criminal evidence found due to an illegal search may not be used in a criminal trial. Is it a hassle to get arrested and have to pay a lawyer to get your @$$ out of a crack? Absolutely. But as others have noted, this kind of thing almost always follows from someone mouthing off to a cop just doing their job.

By all means, maintain your vehicle mechanically to avoid providing a reason to get pulled over in the first place. But if you do, your best bet to avoid further hassle is to be courteous and respectful, and do not give consent. "Officer, I know you're just doing your job, but I do not consent to any search."

You might get some push back if the officer has a "hunch." "If you've got nothing to hide why not let me take a look?" Just stick to the script: "Officer, it's not about hiding anything, it's about my rights. I do not consent to any searches."

This is how its done in Florida. They say they smell something, and state they have probable cause. So I looked at it more in depth:

In Florida, police cannot automatically search your car during a traffic stop. They need either probable cause to believe there is evidence of a crime in the vehicle, a warrant, or your consent. You have the right to refuse a search, but the officer can still search if they have probable cause or a warrant.

Here's a more detailed breakdown:

When a search is allowed without your consent:

• Probable Cause:
  If an officer reasonably believes there is evidence of a crime in your car, they can search it without a warrant. This could be if they see contraband in plain view, smell marijuana, or observe other signs of criminal activity.
  
  
• Warrant:
  If the officer has a warrant to search your car, they can do so even if you refuse.
  
  
• Search Incident to Arrest:
  If you are arrested, the officer may search your car as part of that arrest.
  
  
• Inventory Search:
  If your car is impounded, police can search it to inventory its contents.
  

When a search is NOT allowed without your consent:

• No Probable Cause or Warrant: If the officer doesn't have probable cause or a warrant, you have the right to refuse the search.
  

Important Considerations:

• You can refuse a search: You have the right to politely refuse an officer's request to search your car if they don't have probable cause or a warrant.
  
  
• Don't physically resist: While you can refuse the search, you cannot physically resist an officer who has probable cause or a warrant.
  
  
• Be polite and respectful: Refusing a search should be done calmly and respectfully.
  
  
• You don't have to answer questions: You are not required to answer questions or admit guilt during a traffic stop.
  
  
• You have the right to remain silent: You have the right to remain silent and not answer any questions.
  
  
• Seek legal advice: If you are unsure of your rights or are facing a search, consult with a lawyer.

 

[Mwittke5857]

I'm on enough "mood meds" as it is, I've yet to strangle anyone or jumped off any roofs!

 

[wireman]

I'm on enough "mood meds" as it is, I've yet to strangle anyone or jumped off any roofs!

Move over, I'm with you.

 

[petegee77]

Thanks for the reply! Sorry, I should have clarified and will edit the post now, I basically need to hide it from the cops, not thieves, in case of a vehicle search.

If the cops do search your car they WILL find it rest assured. Better to play it safe and not bring anything with you that may have life altering effects.

 

[Mark S.]

But, given that a misdemeanor traffic violation is an arrestable offense (as is any misdemeanor in any state), if one is arrested for that violation then a search incident to that arrest may follow with no warrant necessary.

Agreed. I was referring to minor infractions like an inop lamp. Regardless, unless you run into a cop with a bad attitude, respect and courtesy will go far towards avoiding trouble. The best defense in all of these situations, of course, it to obey traffic laws and avoid transporting contraband in your car.

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