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: 7
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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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I have in the past. It's no big deal -- I've got nothing to hide.
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No way. Not that I have anything to hide, but it's not gonna happen.
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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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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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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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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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