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by designer is wearing a ....... on January 24th, 2008

designer is wearing a .......

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You're driving down the freeway, you get pulled over for broken tail light. you have license, reg.,& insur. The officer wants to search your vehicle, no probable cause. Do you let them?

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Answers. 12 helpful answers below.

  • by Audiotron on January 25th, 2008

    Audiotron

    No. I will insist on being on the dashboard camaera for proof when i tell them that I do not consent to a warrantless search of my person or property. If there is not probable cause, anything they find will be thrown out in court, and the actual officer and police department would be sued for illegal search, and violation of my civil rights.

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  • by designer is wearing a ....... on January 25th, 2008

    designer is wearing a .......

    So I am driving home last night and was pulled over. While receiving my ticket the officer asked if he could search my car, I told him no, I had nothing to hide, but that wasn't the point. This really seemed to anger the officer. I was very tired and looked it, he asked me if I was high. I told him no, that it had been a long day, his reply, "well it looks like it's going to get longer. I asked if he was arresting me. He said no, not yet! I mentioned the 4th amendment and told him to get a warrant. soon another officer came on the scene, a K-9 unit. They said that because I had driven through a High drug area that they were going to have the dog sniff out the outside of my car, which they did, nothing. I called a friend of mine who is a cop. He spoke with the officer and I was allowed to go on my way. This whole thing took about an hour..
    I respect the job these guys have to do, But thiis really left a bad taste in my mouth.. BTW the "high drug area" is the only access to the highway I take home..

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  • by Zebulon on January 25th, 2008

    Zebulon

    No way. Not that I have anything to hide, but it's not gonna happen.

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  • by Mommy2three2008 on March 17th, 2008

    Mommy2three2008

    Q : Suppose the officer wants to search my car?

    A : Ask why the officer wants to conduct a search. If you have absolutely nothing to hide, expediency might dictate that you let the search proceed. If you don't want the search to proceed, you do not have to consent. Usually, the officer is not permitted to conduct the search unless you consent, the officer has probable cause (see below), or the officer reasonably believes that he must search the auto for his or her own protection. Ask courteously whether the officer has a search warrant or if you are under arrest. If the officer replies that you are under arrest, ask for an explanation.

    As found on findlaw.com

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  • by The Reverend Soleil on January 25th, 2008

    The Reverend Soleil

    I have in the past.

    It's no big deal -- I've got nothing to hide.

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  • by COMMON SENSE on January 25th, 2008

    COMMON SENSE

    Last time I checked, the police have to have "probable cause" to search your vehicle.
    .
    So, i guess unless he gave me a good legitimate reason to search my car, i wouldn't let him.

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  • by bagicide stayed 10 months too long on June 8th, 2010

    bagicide stayed 10 months too long

    Well here is the thing. The best offense is a good defense. That is why I do my very best to keep my vehicle in good working order. I check my tail lights and brake lights pretty routinely. When I was single, I would back into a space in front of a plate glass window, such as at a strip mall or convenience store, so that I could see the tail lights and brake lights in my reflection as I backed in. Tomorrow, I'm replacing one of the cloudy headlights in my old van, and once that one is done, I will order a replacement for the other side. I stay below the speed limit, use turn signals and try to observe all laws in order to not give them any excuse. Once they have the excuse, you are in trouble.

    Years ago, I had a shorted out turn signal switch in my Ford Escort that kept blowing bulbs. I'd replaced several $12 bulbs (I was making $3.34 per hour) and had the receipts and boxes in the car. I'd worked a shift to make the money to buy a turn signal switch at the junkyard the next day. I was pulled over on the way home for the headlight being out, but since I'd diagnosed the problem, had receipts and boxes for the bulbs I'd replaced and had a plan to get a switch and replace it the next day, and I was extremely polite, the police officer gave me a warning and seven days to present the repaired car at the police station.

    If by any chance I goofed and did get pulled over, which hasn't happened in almost 20 years, I think I would insist on a warrant just out of principle. I believe I would very politely tell the officer that I had nothing to hide, and he was welcome to search my car, but that I needed to see a warrant first, as he needed to abide by the law just like I did. I would not want to contribute to eroding the law by allowing him to search the car without it. But that as soon as he took care of that little detail, I'd be happy to have him search it.

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  • by Anonymous on June 8th, 2010

    Anonymous

    They're not stopping you for the broken tail light.
    The broken tail light is a pretense for stopping you.

    Protesting the search gives them probable cause to search your vehicle.

    So when you're stopped, they can search your vehicle if they want to.
    If you really want to see what the back of a police cruiser looks like, you could protest the search.

    Sucks, but that's how it is.

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  • by Wynper on June 8th, 2010

    Wynper

    No, I would not consent to a search during a routine traffic stop.

    If I am stopped I present my paperwork and politely ask why I was stopped.

    Never volunteer information to an officer. Their favorite opener is usually an inquiry like, "Do you know why I stopped you today?" The best reply is typically, "No Officer, why did you pull me over?"

    Officers who are pissed off by citizens who know their rights are typically the ones who are in law enforcement for all the wrong reasons. As many are. Those types can and do abuse the office but it is up to you to act within the law and to follow up with their superiors or to retain an attorney if need be.

    Responding to an officer politely within the scope of the law is usually the best way to insure that they respond in kind to you.

    The site, findlaw.com has some useful information everyone should know. I urge everyone to read it and to make sure their families are also familiar with their rights. These rights are not there as some assert to protect the guilty. They exist to protect and maintain the individuals right to travel freely and to conduct personal and private business free from excessive interference by the state.They also exist to rein in over zealous and potentially corrupt law enforcement agencies as well.

    Let's not forget, law enforcement officers are public employees and public servants. They have a duty to uniformly and legally enforce the law and protect public safety. We have a duty to make sure they do.

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  • by Gen.ButtNaked on June 8th, 2010

    Gen.ButtNaked

    You can be placed under arrest for the broken tail light, it is rare, but that is his probable cause for the stop!!! What many people fail to understand, that any ticket written to you by the police, with the exception of speeding, is an jail-able offense, if under arrest, they can and will inventory your vehicle prior to it being towed, released to a friend, or left on the side of the road!!! A police officer can seize anything in your vehicle that is plain sight!!!!

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  • by xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx on June 8th, 2010

    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    I will let the officer search my car since i do not have anything to hide ,i will let the officer to carry out his/her duties.

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  • by Anonymous on March 17th, 2008

    Anonymous

    First, there is no advantage of consenting to a search unless you are in a small town where you interact with the same officers on a regular basis. Of course, even then you should err on the side of not consenting.

    Second, are you sure the officer did not have probable cause? It is true that cops usually only ask for consent when they don't have probable cause. However, many traffic violations are arrestable offenses (this varies by state). For example, if a cop stopped you for speeding and you refused to consent to a search, and the cop really wanted to search your vehicle, in some states the cop may arrest you for the speeding and the do a legal search incident to arrest. A cop usually wont do this unless he has a strong suspicion that you have contraband because he doesn't want to go through the hassle of booking you for speeding.

    The lesson to be learned is that just because you have been pulled over for something that usually results in a ticket doesn't necessarily mean that you cannot be arrested for the same conduct. And anytime you are arrested following a traffic stop, the cops can search your car.

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