Can a cop search your bag if you're out late? (1 Viewer)

Romanriff

Pilgrim
Joined
Sep 11, 2019
Messages
34
Location
Oakland
I keep getting stopped by cops for stupid reasons such as my bike not having a legal reflector on it. subsequently getting searched and got my knife taken away from me like a child. This obviously is a result of my stupidity but I made me think. Can cops search you for being out late and looking sketchy? Can they search your bags? Google is helpful but it really takes some fishing to get the answers.
 
We sell all kinds of other stuff in our Etsy store!

Eng JR Lupo RV323

Jerk bouncer with an attitude
Staff member
Moderator
Joined
Dec 26, 2010
Messages
1,511
Age
45
Location
530 Rackerby, California
Website
youtu.be
If you're not doing anything illegal I don't think they can go through bags without consent or a warrant. I think if you're being arrested for some sort of crime that might change the rules. I imagine laws vary to some degree state to state but it should all still fall under the 4th amendment. Try it out next time. Tell em you don't give them permission to rifle through your bag, see what happens.
 
Joined
Jan 28, 2008
Messages
818
Location
The woods
Technically, no, that can't be the only reason. In reality, yes, they can search you. I've refused searches more times than I can remember and only once did it work. If you beat it in court there's still gonna be 0 repercussions for the cop so they're really not that worried about violating your rights.
 

blank

I'm a d-bag and got banned.
Banned
Joined
Feb 25, 2019
Messages
186
Location
South
Pretty much what Beegod said, they are not supposed to, we kind of have an entire amendment about it, but in reality they can just make something up and search you anyways.
 

Stiv Rhodes

Wanderer
Joined
Dec 14, 2013
Messages
108
Age
36
Location
Bremerton, WA
Yeah, it's illegal for them to do, but nobody's policing them. Bicycle missing a reflector is not probable cause to believe you may have contraband, neither is being out late or looking "sketchy" but if they want to do a search without probable cause, they can just say you look high. I've had that happen.
 

Coywolf

Mastering the Art of Houselessness
Staff member
Moderator
Joined
Dec 12, 2014
Messages
2,200
Age
32
Location
PNW
Website
www.youtube.com
Police officers need AT THE VERY LEAST Reasonable Suspicion that you are committing a crime, in order to search a bag. Next time you get stopped, please, PLEASE, feel free to ask them, "I would like to know what your probable cause, or at the very least, your reasonable suspicion, is to search my belongings. I do not consent to a search."

The police legally have to get you to sign a document that gives them the right to search, at least a vehicle, other wise.

Police can legally lie to you. You cannot legally lie to them. Isint that fucked up?

Remember that. Do not say more than you need to. Police lie all the time about how not letting them search things will "land you in more trouble than you are already it". Bullshit. Dont buy into it.

HOWEVER. In some States, being caught in the act of some misdemeanor crimes automatically gives officers the right to search belongings. Look up the laws in your state.

Best answer? You have the right to remain silent (5th amendment)....and the right to excersize your rights under the 4th amendment. I really with people would start exercising that.
 

Coywolf

Mastering the Art of Houselessness
Staff member
Moderator
Joined
Dec 12, 2014
Messages
2,200
Age
32
Location
PNW
Website
www.youtube.com
THIS DOES NOT apply to person searches, like, of your person. In almost any case the officer can exercise 'officer safety' to search you. If you are detained, they can search your person. They have to have a reasonable cause to detain you.

I work very closely with Law Enforcement.

...Please let loose the 'HES A NARC!!!' Floodgates now....
 
Last edited:

Zbart1108

Rambler
Joined
Aug 28, 2017
Messages
61
Location
Just around the bend
California law states that they can only stop or detain you if they has suspicion of you committing a crime.
Next time ask them if you are being detained and if so why they are detaining you...and no they do not have the right to search you your person or your belongings without probable cause.
I just went through this.
 

Zbart1108

Rambler
Joined
Aug 28, 2017
Messages
61
Location
Just around the bend
However, be careful exercising your rights because they can come up with anything they want to... Best to be recording and no they cannot stop you from recording in public.
 

Coywolf

Mastering the Art of Houselessness
Staff member
Moderator
Joined
Dec 12, 2014
Messages
2,200
Age
32
Location
PNW
Website
www.youtube.com
California law states that they can only stop or detain you if they has suspicion of you committing a crime.
Next time ask them if you are being detained and if so why they are detaining you...and no they do not have the right to search you your person or your belongings without probable cause.
I just went through this.
While I agree with you, everyone needs to understand the difference between Mere Suspicion, Reasonable Suspicion, and Probable Cause.

Mere Suspicion:

"That guy looks sketchy...let's see what we can find on him" (NYC stop and frisk, deemed unconstitutional and illegal, 'discontinued' after years of racially motivated searches)

Reasonable Suspicion:

"That guy matches the physical description of a suspect wanted in a recent carjacking, let's stop him, interrogate, and see if he has any evidence related to the crime"

Probable Cause:

"That guy is riding a bicycle, and looks like the suspect wanted in a recent bicycle theft. We have stopped him, and learned the that in fact it IS the stolen bicycle. We will now search the suspect'

OR

"I've detected the odor of marijuana coming from the vehicle, and under state law, that automatically allows me to search this vehicle/pack with Probable Cause"
 

Odin

ANTISOLIPSIST
Joined
Apr 6, 2013
Messages
2,377
Location
Earth
Website
www.youtube.com
While I agree with you, everyone needs to understand the difference between Mere Suspicion, Reasonable Suspicion, and Probable Cause.


Mere Suspicion:


"That guy looks sketchy...let's see what we can find on him" (NYC stop and frisk, deemed unconstitutional and illegal, 'discontinued' after years of racially motivated searches)


Reasonable Suspicion:


"That guy matches the physical description of a suspect wanted in a recent carjacking, let's stop him, interrogate, and see if he has any evidence related to the crime"


Probable Cause:


"That guy is riding a bicycle, and looks like the suspect wanted in a recent bicycle theft. We have stopped him, and learned the that in fact it IS the stolen bicycle. We will now search the suspect'


OR


"I've detected the odor of marijuana coming from the vehicle, and under state law, that automatically allows me to search this vehicle/pack with Probable Cause"



See this is the "Catch 22" of Cop Interaction.


All those scenarios can basically be manipulated by law enforcement to get what they want (a search) easy one simply riding a bike...


If your not fucking tour de france ...its stolen... lol


shit


If they are determined enough.


How difficult is it to come up with a vague description of a local bike theft?


Male...wearing a hoodie and looking sketch LOLOL... da fuck.


I'm sure it happens enough... and only reason it doesn't happen more is some cops are not that clever... or... surprisingly many are just decent people and not thinking to "entrap" a regular joe for shits and giggles...


.... anyway...


The truly best options... and they are not great... is be respectful and clean (don't be stupid and be clean) and with the wave of MJ legalization... that is getting easier as that is the easy score for stupid pigs.


Also... once in a while... you can cop an arrogant attitude (pun intended) and "blindside" an aggressive gunslinger with intimidating words and smoke and mirrors...


The I know my rights, I got lawyers, my uncle is a senator lol type of shit.


(but you really should know your rights habeus corpus shit)


Dunno though... thats some high level shit to pull off.


LOL


I would believe the look on the gestapos face as they walk away, impotent, though, is worth it...



:cool:
 

Coywolf

Mastering the Art of Houselessness
Staff member
Moderator
Joined
Dec 12, 2014
Messages
2,200
Age
32
Location
PNW
Website
www.youtube.com
@Odin ya cops can usually get away with whatever, I'm just informing people of the law. If someone got popped for possession off of 'you match the description of a suspect' shit, and they took it to court, even a PD could get them off on something like that, and they most likely will drop the charges, unless it was a significant bust/they got more shit on you.

ADA's and state prosecutors have alot on their hands, you would be surprised at how much shit they drop/lower fines/accept community service for when actually challenged in court.

They are expecting the poor homeless dude/girl to just plead guilty in order to get out of jail faster.

Hence the need to COMPLETELY do away with cash bail. It allows the poor to have the chance to challenge something in court, and not have to sit in jail until a court date.
 

Odin

ANTISOLIPSIST
Joined
Apr 6, 2013
Messages
2,377
Location
Earth
Website
www.youtube.com
@Odin ya cops can usually get away with whatever, I'm just informing people of the law.
yea... no... I mean that is great... I dug reading the descriptions to remind/educate.

was more "activated" by being reminded a time I asked a cop if they were a veteran before pinning that badge... (NO) and I'm did the sandbox and I'm just sitting there watching the clouds, WHATS WRONG?

LOL


::cigar::
 
Last edited:

superphoenix

Wanderer
Joined
Apr 19, 2019
Messages
124
Location
NY
Constitutionally, no. But I'm sure you're aware how much cops loooove when people say no to them.

Personally, I'd rather have a cop glance at my bag once and leave me alone than get into an argument and explain myself to a judge. But I think at worst, one could argue that evidence gained illegally is invalid.

I'd check the rules in your particular area. Some jurisdictions, like NYC Bloomberg era, would allow it. (Been stop n frisked many times and they never had anything to show for it.) It's since been ruled as unconstitutional - hey, lobbying politicians sometimes works!
 

Ramblin Blues

Lurker
Joined
Jan 31, 2020
Messages
9
Location
Portland
I keep getting stopped by cops for stupid reasons such as my bike not having a legal reflector on it. subsequently getting searched and got my knife taken away from me like a child. This obviously is a result of my stupidity but I made me think. Can cops search you for being out late and looking sketchy? Can they search your bags? Google is helpful but it really takes some fishing to get the answers.
 

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

About us

  • Squat the Planet is the world's largest social network for misfit travelers. Join our community of do-it-yourself nomads and learn how to explore the world by any means necessary.

    More Info

Support StP!

Donations go towards paying our monthly server fees, adding new features to the website, and occasionally putting a burrito in Matt's mouth.

Total amount
$0.00
Goal
$100.00

Monthly Goals

  1. Paying the Bills
    $0.00 of $50.00
    The first $50 in donations go towards paying our monthly server fees and adding new features to the website. Once this goal is reached, we'll see about feeding Matt that burrito.
  2. Buy Matt a Beer
    $0.00 of $75.00
    Now that we have the bills paid for this month, let's give Matt a hearty thank you by buying him a drink for all the hard work he's done for StP. Hopefully his will help keep him from going insane after a long day of squishing website bugs.
  3. Feed Matt a Burrito
    $0.00 of $100.00
    Now that the bills are paid and Matt has a beer in his hand, how about showing him your love by rewarding all his hard work with a big fat burrito to put in his mouth. This will keep him alive while programming new features for the website.
  4. Finance the Shopping Cart
    $0.00 of $200.00
    Now that the bills are paid and Matt is fed, perhaps it's time to start planning for those twilight years under the bridge... if only he had that golden shopping cart all the oogles are bragging about these days.

About us

  • Squat the Planet is the world's largest social network for misfit travelers. Join our community of do-it-yourself nomads and learn how to explore the world by any means necessary.

    More Info

Support StP!

Donations go towards paying our monthly server fees, adding new features to the website, and occasionally putting a burrito in Matt's mouth.

Total amount
$0.00
Goal
$100.00

Forum Statistics

Threads
25,736
Messages
237,165
Members
9,398
Threads in last 24 hours
0
Messages in last 24 hours
30
Members in last 30 days
780
Latest member
JimmyD