No warrant required?

[C-dub]

Saw this today. I don't know too much about warrants, so I'll have to pose the following questions.
http://redtape.msnbc.com/2011/01/court- ... rrant.html" onclick="window.open(this.href);return false;

1. If I'm stopped while driving and subsequently arrested do the police still need a warrant to search my car or does the arrest give them the right since I was in the car at the time of the arrest?
2. If there is a paper notebook in my car do they need a warrant to look in the notebook?
3. If there is a small little notepad in the pocket of my jeans do they need a warrant to look in it?

If the answer to any of these is no, then I don't see the difference whether it is a phone or a notebook.

[gigag04]

We lost search of a vehicle incident to arrest last year, thank you Arizona.

A vehicle can be inventoried prior to a tow, but no longer searched. In TX afaik, a warrant is needed for a cell phone if no exigent circumstance exists. Same would go for a notebook's contents.

[boba]

What about a laptop computer? Many phones today are more powerful than 20th century laptops.

[pbwalker]

I'm not a law breaker, but I will fight like one who is. If you want to search my cell phone, you'll have to know the PIN to even access the thing. You won't get it from me. Once those metal bracelets go on, I forget the PIN. Plus, MobileMe Remote Erase can work wonders. Now, I am sure the PD can get info from AT&T, but I surely won't make it easy for them.

Of course, I have never been arrested, so I've never tried this out. But since the day I got my CHL, I've become somewhat of a law nerd and a bit more aware of law enforcement abuse (not all...just the rare instances).

And I agree 100% that law enforcement should need a warrant to search ANYTHING. That includes a car after arrest. Innocent until proven guilty...you don't lose your rights against illegal search and seizure just because you are arrested.

[Teamless]

A vehicle can be inventoried prior to a tow,

If an officer is doing the inventory, isn't that another word for searching?

[The Annoyed Man]

A vehicle can be inventoried prior to a tow,

If an officer is doing the inventory, isn't that another word for searching?

"Inventoried" sounds to me like a record is made of the vehicle make, model, year (if known) and license and VIN numbers.

[Teamless]

"Inventoried" sounds to me like a record is made of the vehicle make, model, year (if known) and license and VIN numbers

I would love to think that way, however I really believe it means making a record of the content of the vehicle, for "the owners safety" or for the "towing companies safety", so neither complains that the other did something wrong.
but I could be wrong...

[Dave2]

A vehicle can be inventoried prior to a tow,

If an officer is doing the inventory, isn't that another word for searching?

Eh... kinda sorta yeah but not really. An inventory might just have "guitar case, backpack, and laptop case," whereas a search would certainly list what was in those containers. It's a pretty fine between them, and I fully expect to see it blurred until the wrong lawyer gets his or her stuff "inventoried" during a traffic stop.

[RPB]

from that cited article above, I love this quote:
Diaz’s lawyer, Lyn A. Woodward, has said she plans to appeal the decision to the U.S. Supreme Court. In the meantime, warrantless searches ... are essentially the law of the land in California.

(And in Communist China too ...)

[carlson1]

Our rights are being taken under the title of "safety". TSA - enough said.

[gigag04]

Inventory lists items of value as a cyb against the arrestee claiming we took something.

We still can search based on PC depending on the arrest, ie, for DWI you can search for intoxicants.

If during an inventory, contraband is found, you now have PC to search. An inventory is not viewed as illegal under 4A as long as it is done according to dept policy, and done consistently.

[Dave2]

Inventory lists items of value as a cyb against the arrestee claiming we took something.

We still can search based on PC depending on the arrest, ie, for DWI you can search for intoxicants.

If during an inventory, contraband is found, you now have PC to search. An inventory is not viewed as illegal under 4A as long as it is done according to dept policy, and done consistently.

Can I refuse an inventory for a traffic stop?

[gigag04]

Nope if we take custody of your car via a rotation wrecker we have a right to protect ourselves civilly.

You can prevent it by not getting arrested. :)

[Bullwhip]

Nope if we take custody of your car via a rotation wrecker we have a right to protect ourselves civilly.

yup, "inventory" is all about protecting you, has nothing at all to do with searching without a warrant.

Long as you go home safe at night, right?

[gigag04]

Nope if we take custody of your car via a rotation wrecker we have a right to protect ourselves civilly.

yup, "inventory" is all about protecting you, has nothing at all to do with searching without a warrant.

Long as you go home safe at night, right?

Wow. Thanks for the personal attack and tongue in cheek comments.