Would you use this: GEICO Digital ID Card

[Caryh 5,206]

if you hand your wallet to the police with it open to your drivers license because its in one of those sleave holders, can the police go searching through your entire wallet? seems to me it would be like opening your door when they knock, if something is in plain sight, they can act on it, but they can't walk in and start searching without probable cause. now if a text came in while he was looking at the insurance card saying hurry up and get that kilo of coke delivered, you might be in trouble.

[SAT 9,609]

Like I said, until we come across that bridge, no one knows how any given court will interpret this situation. That's why we cite case law for reference. Even the "Plain View exception" has certain limitations. "Probable cause" is actually something irrelevant to this. Probable cause is a level of proof needed to effect an arrest, or to obtain a search warrant. Just because an officer sees something in plain view doesn't give him the right to search the premise. For example, if he is interviewing a complainant in the complainant's home. And the officer sees a pound of pot. And the complainant is the sole occupant of the house, that's probable cause to arrest that person. But the officer cannot search the rest of that premise. But if the premise can be safeguarded, he does have the PC to demonstrate to the court that a search warrant should be issued. And then he can continue to search that premise. Then, there's also the "emergency exigence" clause....and different rules apply for a car. It just goes on and on. I'd be talking about for 6 months..........use Black's Law Dictionary, it has a lot of ####### to read about this. And can explain everything if you guys wanna educate yourselves.

Right now........I've gotta talk about bizarre foods..........

and I'm not a practicing attorney.

[Caryh 5,206]

I'm not an attorney either, but it seems to me police can often do things based on probably cause or suspicion a crime is being committed. I generally don't worry about it, as I just don't do anything illegal, except drive a little fast on occasion.

Like I said, until we come across that bridge, no one knows how any given court will interpret this situation. That's why we cite case law for reference. Even the "Plain View exception" has certain limitations. "Probable cause" is actually something irrelevant to this. Probable cause is a level of proof needed to effect an arrest, or to obtain a search warrant. Just because an officer sees something in plain view doesn't give him the right to search the premise. For example, if he is interviewing a complainant in the complainant's home. And the officer sees a pound of pot. And the complainant is the sole occupant of the house, that's probable cause to arrest that person. But the officer cannot search the rest of that premise. But if the premise can be safeguarded, he does have the PC to demonstrate to the court that a search warrant should be issued. And then he can continue to search that premise. Then, there's also the "emergency exigence" clause....and different rules apply for a car. It just goes on and on. I'd be talking about for 6 months..........use Black's Law Dictionary, it has a lot of ####### to read about this. And can explain everything if you guys wanna educate yourselves.

Right now........I've gotta talk about bizarre foods..........

and I'm not a practicing attorney.

[SAT 9,609]

I'm not an attorney either, but it seems to me police can often do things based on probably cause or suspicion a crime is being committed. I generally don't worry about it, as I just don't do anything illegal, except drive a little fast on occasion.

They conduct investigations based on the different levels of suspicion.

starting with "Common law right of inquiry". Then it may or may not escalate to reasonable suspicion (also know in laymen terms as a "hunch" or "mere suspicion"). And then "Reasonable cause to believe".... Then finally "Probable cause" (That's when an arrest is effected). During these levels of suspicion, there's certain things that the police can and cannot do. (for example, a bulge in your pants pocket does not entitle the police to search you for drugs. but a bulge in your waist band allows for the police to pat that area for a weapon, if an illegal weapon is found, that raises the level to probable cause).

In search and seizure, the "Motor vehicle" exception is tricky. There is always a "map" and "huntley" hearing to determine whether if the evidence and statements gained by the authorities is admissible in court.

another misconception by the general public is the Miranda warning. If the Police have no intentions of questioning you after an arrest, they don't have to read it to you. No case in NY has ever been thrown out because of a failure to mirandize someone. (keep watching TV lol).

Edited March 5, 2013 by SteveAndTiff

[TBoneTX 46,294]

Not a lawyer here either, and with less knowledge than Steve, but, functionally:

1. NEVER consent to ANY search!

2. Keep your mouth SHUT, except for:

3. "Are you formally detaining me, Officer, or am I free to go?"

a. (if the first) "Thanks for your questions, but I want an attorney, please."

b. (if the second) "Have a good day, sir." (And LEAVE!)

[del-2-5-2014 1,339]

Not a lawyer here either, and with less knowledge than Steve, but, functionally:

1. NEVER consent to ANY search!

2. Keep your mouth SHUT, except for:

3. "Are you formally detaining me, Officer, or am I free to go?"

a. (if the first) "Thanks for your questions, but I want an attorney, please."

b. (if the second) "Have a good day, sir." (And LEAVE!)

I agree and I'm most certainly not going to be handing my cell phone to a Police Officer.

[SAT 9,609]

Not a lawyer here either, and with less knowledge than Steve, but, functionally:

1. NEVER consent to ANY search!

2. Keep your mouth SHUT, except for:

3. "Are you formally detaining me, Officer, or am I free to go?"

a. (if the first) "Thanks for your questions, but I want an attorney, please."

b. (if the second) "Have a good day, sir." (And LEAVE!)

#######, you give me too much credit....

well you can give them your pedigree lol.

and don't make any "Spontaneous utterance" before or after arrest that'll incriminate yourself. e.g. "I knew I shoulda dumped my wife's body in the water"

[SAT 9,609]

I might add (Before I give you guys any bum advice), that at the "Common right of inquiry" level of suspicion. You don't have to give even your name, you are free to just walk away. But the police do not have to automatically inform you that you're free to leave. For example, a police officer approaches you hanging out on a corner. He says "hello, what's your name? what are you doing here?" You can just walk away, until he says "Sir, you're not free to leave". At which time he has "Reasonable suspicion". Then he can detain you for a reasonable amount of time. What's reasonable?

We're talking about car stops......

Like I said, I could go on talking for months about this.

[Darnell 8,479]

get yer id card on paper, la.

then laminate it.

then tack some velcro to the back of it, attach it to yer dashboard.

easy peasy - pull off the card and hand it over.

I'd never give any police officer my phone, unless he was asking for it to call an ambulance (cause all of his gear was dead) or an air-strike.