Search Warrant

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MrG

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Just out of interest. Whats the police or metro police rights to search a civilian motor vehicle. Basically most of the cars on the road.

I suspect searching your home requires some sort of warrant, but what about person searches or car searches if you get pulled over.
 
MrG said:
Just out of interest. Whats the police or metro police rights to search a civilian motor vehicle. Basically most of the cars on the road.

I suspect searching your home requires some sort of warrant, but what about person searches or car searches if you get pulled over.
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Suspicion?
 
I would believe that your car is private property and that they would require a court order on your car specifically to be able to search it. Otherwise if given consent by the owner/driver they may search the car.

Hence them asking usually: "Would you allow me to check your vehicle?". I believe you may be in your legal rights to answer no.
 
Police can search any car if they have reason to believe that they might find something.
 
Not without a court order or owner consent ! This is South Africa 2008 ! Suspicion alone is not enough anymore. I have had numerous firearms/drugs slip thru my fingers at road blocks because of this ! The burden of getting permits for this and that, from a failing system, promotes crime. And the 'real' criminals know it :( Welcome to the 'new' South Africa.
 
Well, the best way to get an answer is to go through a road block and say "NO" to when they ask to search your car - that person can let us know what happens.

Personally, I just say "sure" (with a smile)

EDIT: That's also because I'm not guilty.
 
My car got searched quite a few years ago.

Luckily, and i believe there was pot under the seat, they never found it and so life goes on.
 
Bear in mind that your vehicle is not on your property but on a place where public have access.

This matter was raised when the authorities declared that they would be searching vehicles for alcohol where vehicles are parked in public parking areas for people to go to the beach.
Accordingly Beach Inspectors can demand that you open a cooler bag on the beach if they suspect that it contains alcohol.
The regulation forbids alcohol and this is what they search for, not bodies or other goods.

It is a specific warrant not a general warrant.
 
At a police roadblock they have the right to search you car. That is the reason for the search. I have noticed this weekend in PTA I drove through 2 Police roadblocks. It was a pleasant surprize. They searched my car, checked my engine and VIN number and sent me off.

I think it's a great way to prevent crime. Here in Jo'Burg we only get Roadblocks for traffic fines :rolleyes: As long as my fines are paid I can drive with 50 AK's in the boot.
 
Ok, searching cooler bags on a beach, is somewhat different from searching a car in a roadblock.

As far as I know, they need a warrant or the owners consent.
 
gdiza said:
Well, the best way to get an answer is to go through a road block and say "NO" to when they ask to search your car - that person can let us know what happens.

Personally, I just say "sure" (with a smile)

EDIT: That's also because I'm not guilty.
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Personally, I just say "sure, let me just remove my, er, origanum first, I need it to, er, spice things up a little later" (with a smile).
 
This has come up a few times on another forum i visit. Lots of confusion around the topic.

Fact is, as bad as it may sound. The police WILL search your car if they have any sort of suspicion that they might find something. They WILL get away with it if the matter must be taken to court. That i can promise you.

There are methods they use to get your consent. They will ask you first. They will get your consent to search your car, but the bottom line is - if they want to search your car, they will.

What if they check under your bonnet for the vin number and u decide to take them to court cos u want to bitch and moan about warrents.

What if they tell the magistrate that they had reason to believe the car was stolen?

As crappy as it sounds, thats just how it is.
 
ToxicBunny said:
Ok, searching cooler bags on a beach, is somewhat different from searching a car in a roadblock.

As far as I know, they need a warrant or the owners consent.
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remybfg10k said:
If your boot or glove compartment is locked they need a warrant afaik
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Easy, they ask you if you would be so kinda as to unlock it for them. If you refuse that gives them the suspicion they need and they can brake it open if you don't open it.

What is the problem :confused:

They want to catch people driving around with illegal items. Why would you bitch about it unless you have something to hide...

You guys can bitch about shyt :p
 
Genius. said:
Trust me dude, if they want to search it. They will. Next time when you pass a roadblock, tell them you want a warrent before opening your boot.
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That is a sure way for 2 things to happen

1. They brake it open
2. They arrest you for suspicion

Either way you're fk'd
 
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