Friend is in police academy

**chesire17201** · August 31st, 2008, 09:18 AM

Well, long story short, a friend of mine that i used to work with is in MPOTEC right now, he has been in for 8 weeks and will be an area boro officer when he is done. won't mention which one, but it's in franklin county.

I haven't seen him for a few weeks, what with his class schedule and all, but I was putzing around the house here Fri. evening, and lo and behold, who drops in, and we had a good conversation, and the following is what i learned they are teaching him up there, and what i tried to get him to ask about.

First thing he tells me, If you ever get pulled over and are asked to be searched, SAY NO. I repeat, TELL THE OFFICER NO.

That there are ALOT of laws in PA. and he will never learn them all...

a certain PD around my parts are issued Springfield Armory XD's in .40 and they only have 12 shot magazines.

He learned that it is NOT a clip......(i thought to myself, EMPTYMAG would be proud

)

they do not get enough 1 on 1 attention @ the range, there's just not enough instrutor's

I asked him if they mention open carry at all, he said they have, and they even said while it is legal, it is NOT RECOMMENDED, as you will probably draw some unwanted attention.

He wouldn't take any flyers to class, cause if you piss off the instructors, they will PT you till you puke, so i didn't push it......but said he may mention a few key points....

He seemed to be doing well and I think although he has alot to learn in a short period of time, he is going to be a fine addition to the LEO community, and at least 1 that hopefully won't throw a tiff when he see's someone open carry.......

**bravo30** · August 31st, 2008, 12:08 PM

+1 on saying ''NO'' to a search , i read before that if a cop has to ask you for permission to search then he doesnt have the legal right to search something about if they see evidence out in the open they can search regardless of what you say and if they cant see anything out in the open then they dont have the legal right to search . also if you ever get out of your car ''lock'' the doors behind you . leaving an open door is an invitation for the cops to look around and find something

**bravo30** · August 31st, 2008, 12:10 PM

QUESTION:

A cop pulled me over for running a red light, and then he searched me and my car. He didn't find anything, but I felt humiliated and violated by the whole thing. Was he allowed to do this? Could I have said no?

ANSWER:

A traffic stop is normally just that. If the officer issues you a citation and has no basis to suspect that you are armed and dangerous or involved in criminal activity, the officer cannot search you or your car. Of course, if the officer does see something suspicious, then the law allows the officer to do a "pat-down" search of you and of the passenger compartment of your car. The police officer can also "frisk" (feel the outside of) any purses, bags, or other things in the car that could hold a weapon. But, if you allow the officer to search you or your car, then the search will normally be considered valid -- even if there were no solid reasons behind the officer's request. Many people don't realize that they can refuse a search. But, as you no doubt know, it's not easy to say "no" to someone who is wearing a gun and scary reflective glasses.

Be aware, however, that laws in many states authorize police officers to arrest drivers for minor traffic offenses, such as speeding or failure to wear a seat belt. If a police officer does choose to arrest a driver, then the officer can conduct a search.

Can a police officer search my car when I am stopped for speeding?

Generally, no. However, due to the mobility of cars, time does not permit a search warrant to be obtained. As a result, vigilant police are motivated to search suspicious automobiles. However, the police officer must have probable cause to believe that contraband is concealed somewhere.

In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have an articulable suspicion to search.

It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.

There is always the "officer safety" exception as well. If the officer says he saw you bend over as if to hide something under the seat and that he feared it was a gun, then he would be upheld by most judges as reasonably protecting his own safety during the speeding stop. If so, any drugs he found instead would be legally used against you.

Helpfull info ......

http://www.flexyourrights.org/traffic_stop_scenario