Will this get me thrown in jail?
Here in Texas, if an open container is behind the driver/passenger seat in a motorhome, taxi, limo, or hearse, it is legal. However, reading the California laws, it says that an open container (such ...
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Wadcutter wrote:ken56 wrote:
Never meant to give legal advice, I am not a lawyer.
That's good. You never would have passed Constitutional Law class.
The supreme court has ruled on recording public officials in public.
Would you provide the cite for that? It must have just come down today. I've been busy today and haven't had a chance to catch up on the latest rulings.
Before giving legal advice then a person really ought to know what they're talking about. Don't believe everything your drinking buddies tell you or what you see on your TV shows. Neither are like real life.
I am a Lawyer and can tell you a warrant is required UNLESS an exception applies, and there are a few. That's why a warrant is seldom required.
The standard is "probable cause" to search. Under the Plain View Doctrine to give you an example if the officer sees a joint in the ashtray, or a gun in the glove box, maybe even an "open container", they now have probable cause to search the entire vehicle. Another exception is when they impound your vehicle. They can now do an "inventory search". There are others, but that's the basics.
