Quote:
Originally Posted by Tcoat
The amendment is very clear that it applies to criminal charges only. Are vehicle compliances a criminal act?
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Typically a 3rd class misdemeanor. This does not change the requirement for probable cause. They still can't search your car without a warrant, unless they have probable cause to search it (i.e., a drug-sniffing dog). The way to approach this is to allow the cop to give his spiel, then politely ask, "Am I free to go?" By Texas law at least, he either has to let you go at that point or say that he's arresting you and for what. If arrested, you say "I need a lawyer." At that point, the police officer can do nothing else until a lawyer arrives or a court order permits him to do something such as a breathalyzer test. If you don't have and cannot afford a lawyer, the court has to appoint one. Of course, you'll end up in the hoosgow for a little while, but again they can't hold you indefinitely without letting you see a lawyer or charging you with a crime.
That is the meaning of
habeus corpus.
No one should ever be arrested for a third class misdemeanor in the U.S. BTW, the 4th amendment was written because of random searches by the British authorities prior to and during the American Revolution without a specific reason. It applies to any search that (a) requires a warrant or (b) does not meet the standard of probable cause. This includes 3rd class misdemeanors.