Question:
Can the police open your car door just because you tell them the window doesn't roll down?
Blue Sky
2013-02-10 01:18:53 UTC
I was pulled over for a burned-out license plate light. The patrolman asked me to lower my window. Through my open sunroof, I informed him that the window doesn't lower. Without asking permission, he then opened the door of my vehicle and began pressing the controls for the windows (which, he learned, really don't work). I asked him to close my door, which he refused to do. I was ultimately cited for failure to wear a seatbelt. I feel like the officer was trespassing on my property, and even though there was no damage, or further consequences, I felt my rights were violated. Had he simply asked me to step out of the vehicle, I would have complied. Or, he could have just permitted me to pass my papers through the sunroof. When he returned to his car to check my license, I locked the door and refused to open it upon his return. We conducted the rest of our business through the sunroof. I have learned that if he had seen something illegal in the vehicle that was only visible with the door open, and arrested me for it, that would constitute an illegal search. What I want to know is if his actions of opening my door without permission and technically entering my car and "testing" my window switches constitute illegal search or trespass. Thanks for your help.
Three answers:
anonymous
2013-02-10 01:25:46 UTC
not lowering your window could be a sign that youre trying to hide something (like a gun, drunkenness, drugs) and is probable cause to open your door and make sure there is no threat, and is a cause to search if he found your window did work. they want to be able to clearly see your hands at all times
Starlord
2013-02-10 13:00:26 UTC
The officer was legally allowed to do what he did. What crime were you trying to conceal?
Real Celtic Warior
2013-02-10 01:22:12 UTC
I'm not sure, but it is probably better to just let it go and pay the citation!


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