1EQQ8ZzGD

78
“Well you was doin fifty-five in the fifty-four;
license and registration and step out of the car –
are you carryin a weapon on you? I know a lot of you are”
I ain't steppin out of shit, all my papers legit
Unless the cop can testify to reasonable suspicion [RS] that
the defendant is armed — in which case he can search the
driver and immediate vicinity for weapons for self protection
— you shouldn't need to get out of the car. Pushing back
on this makes sense, if only to ensure whatever RS grounds
would be documented, so they can get the case thrown out
later. If the RS was invalid or not present, all evidence coming
after that is "fruit of the poisoned tree" and discarded.
“Well do you mind if I look around the car a little bit?”
Well my glove compartment is locked,
So is the trunk in the back,
And I know my rights, so you gon' need a warrant for that
Consenting to a voluntary search is never a good idea, especially
if you have felony weight on you. The standard to search
the glove compartment is actually fairly low in California,
since it's accessible to the driver. even though it is locked, the
tenth circuit court of appeals has found that during a protective
search of the vehicle (i.e., looking for weapons with RS),
the glove box can be searched since it being locked may not
prevent the driver from gaining control of a weapon. [1] The
trunk can be opened if the car is impounded, for inventory
reasons, which is a common way to get evidence. However, a
locked case inside the trunk will not be opened (depends on
the state).
“Aren't you sharp as a tack! You some type of lawyer or somethin,
somebody important or somethin?”
Child I ain't passed the bar, but I know a little bit
enough that you won't illegally search my shit
“Well we'll see how smart you are when the canine comes”
A canine can only be used during a routine traffic stop if it
doesn't unduly delay the driver — it's reasonable to walk back
to your cruiser to get a dog, but you can't wait to call one in.
This all goes out the window if reasonable suspicion is developed.