.....Can you refuse a cops "Do you mind if I search your Vehicle...?"

[KLin]

Originally posted by: LS20

Originally posted by: AaronB
I have two pieces of advice for dealing with the police.

1. Never consent to a search. There is no upside to consenting no matter what the police tell you.

2. If arrested, STFU until you have a lawyer present. The police will want you to talk and you may even want to help sort out a possible misunderstanding but again there is no reason to not consult with an attorney before speaking.

the only guy in here who knows what he is talking about

DonVito knows what he's talking about too. :roll:

 

[SVT Cobra]

When the dogs would come id get screwed, theyd smell all my old frenchfries and hamburgers in the back and go crazy.

(its to late at night for me to have a constitutional debate, so i made a joke)

 

[TWills]

Originally posted by: apoppin

Originally posted by: TWills
The 4th Amendment in its entirity:

SEARCH AND ARREST WARRANTS

The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
SHALL NOT be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be
seized.



Upon lack of probable cause for the presence of drugs in your car, they MAY NOT SEARCH YOU.
Sadly, it doesn't stop there. Does the IRS have a right to peek into your bank account whenever
it so desires? Of course not! That still doesn't stop them from doing it. In order for them to legally
search your belongings without your consent, they must have a search warrant based on probable cause
of your misbehavior.

Conclusion: What's the point of having a Constitution if we are not going to follow it?

The POINT is that the Polica MAY UNlawfully search you . . . IF they DO - and you are able to defend yourself in court - the evidence [found in an IMproper search] WILL be dismissed. 😉

😛

 

[apoppin]

Originally posted by: PlatinumGold
Do you mind if I search your Vehicle...?

with the answer of "NO" would mean, you are giving permission to search your vehicle.

i have made it very clear:

No Sir! You may NOT search my vehicle. i do NOT give you permission

clear enough?
:roll:

Originally posted by: LtPage1
if they didnt have to ask, they wouldnt. without probable cause, they cant search your vehicle without your permission.

Actually that isn't quite true. Your giving up your rights just makes it EASIER for the officier. They will still ask for permission even if they KNOW [have probable cause] you have something illegal. 😉

There is NEVER any advantage to giving up your rights [despite what the detaining officer may tell you

Originally posted by: dmcowen674
Guilty until proven innocent.

Still a hellofalot better than many other countries. 😉

 

[jagec]

Originally posted by: AaronB
1. Never consent to a search. There is no upside to consenting no matter what the police tell you.

Even if there is absolutely nothing in your car, you weren't doing anything reckless, and you don't want to spend an hour waiting for the cop to get a K9 unit or something?

 

[Vic]

I cannot see any reason why any person should ever give consent to police to search your person or property. If the police have lawful probable cause, then they do not need your consent. If they don't have probable cause, then they have no reason for the search. In short, never consent to a search. Only an idiot would.

When dealing with the police, always be polite and respectful, but recognize that most cops wouldn't care if they could frame Mother Teresa for murder. A bust is a bust to a cop the same way a sale is a sale to a crooked salesman. Actual guilt or innocence is irrelevant to a cop. So never volunteer information. Answer questions firmly and articulately. "No sir, you may not search my vehicle". Then shut up.

 

[apoppin]

Originally posted by: jagec

Originally posted by: AaronB
1. Never consent to a search. There is no upside to consenting no matter what the police tell you.

Even if there is absolutely nothing in your car, you weren't doing anything reckless, and you don't want to spend an hour waiting for the cop to get a K9 unit or something?

Absolutely . . . his time is pretty "valuable" also. Plus if you do NOT consent, you are not giving a crooked cop an easy opportunity to 'plant' something.

 

[StageLeft]

If you have illegal stuff surely you have to say no. Then you will either get let go, or caught, but if you submit you are screwed anyway.

If you do not have illegal stuff you may do well to let him search it, because it's give and take. You give him that slack and take a warning on the ticket you'd otherwise get.

1. Never consent to a search. There is no upside to consenting no matter what the police tell you.

Except in my case of if you show some cooperation you may tinkle the cop's nice side and get some slack.

 

[Vic]

Originally posted by: jagec
Even if there is absolutely nothing in your car, you weren't doing anything reckless, and you don't want to spend an hour waiting for the cop to get a K9 unit or something?

If you consent to a search, thinking you're being the good citizen, the cop will be even more upset when he finds nothing. He will throw all your belongings into the street, and he will spend 2 hours yelling at you things like "Where'd you hide it?" etc. In fact, the more obvious your innocence is, the more pissed the cop will become that he can't pin anything on you.

 

[PlatinumGold]

Originally posted by: apoppin

Originally posted by: PlatinumGold
Do you mind if I search your Vehicle...?

with the answer of "NO" would mean, you are giving permission to search your vehicle.

i have made it very clear:

No Sir! You may NOT search my vehicle. i do NOT give you permission

clear enough?
:roll:

i guess speaking correct english is just too difficult.

Do you mind if I search your car?


Yes, i do mind. I will not give permission.

a bit clearer wouldn't you say?

 

[KLin]

Originally posted by: Vic

Originally posted by: jagec
Even if there is absolutely nothing in your car, you weren't doing anything reckless, and you don't want to spend an hour waiting for the cop to get a K9 unit or something?

If you consent to a search, thinking you're being the good citizen, the cop will be even more upset when he finds nothing. He will throw all your belongings into the street, and he will spend 2 hours yelling at you things like "Where'd you hide it?" etc. In fact, the more obvious your innocence is, the more pissed the cop will become that he can't pin anything on you.

Are you talking about Bradruth again? 😛

 

[StageLeft]

Originally posted by: apoppin
Absolutely . . . his time is pretty "valuable" also. Plus if you do NOT consent, you are not giving a crooked cop an easy opportunity to 'plant' something.

Cops are paid by the hour, so their time really doesn't matter 🙂 I suppose a cop could plant something, but not if you know they have vid cameras for all traffic stops. In reality if you say no and he wanted to plant it he could say he smelled something or you were acting very suspiciously and he had cause, so he'll search it anyway.

 

[StageLeft]

Originally posted by: Vic

Originally posted by: jagec
Even if there is absolutely nothing in your car, you weren't doing anything reckless, and you don't want to spend an hour waiting for the cop to get a K9 unit or something?

If you consent to a search, thinking you're being the good citizen, the cop will be even more upset when he finds nothing. He will throw all your belongings into the street, and he will spend 2 hours yelling at you things like "Where'd you hide it?" etc. In fact, the more obvious your innocence is, the more pissed the cop will become that he can't pin anything on you.

That presumes that all cops are assholes, when in fact a great many are not.

 

[Vic]

Originally posted by: Skoorb
If you have illegal stuff surely you have to say no. Then you will either get let go, or caught, but if you submit you are screwed anyway.

If you do not have illegal stuff you may do well to let him search it, because it's give and take. You give him that slack and take a warning on the ticket you'd otherwise get.

1. Never consent to a search. There is no upside to consenting no matter what the police tell you.

Except in my case of if you show some cooperation you may tinkle the cop's nice side and get some slack.

Only cooperate with the police when they are after someone else, never when they are looking for a reason to bust you.

 

[Vic]

Originally posted by: Skoorb
That presumes that all cops are assholes, when in fact a great many are not.

Any cop who wants to search my car without lawful probable cause is automatically an asshole in my book.

 

[StageLeft]

Originally posted by: Vic

Originally posted by: Skoorb
That presumes that all cops are assholes, when in fact a great many are not.

Any cop who wants to search my car without lawful probable cause is automatically an asshole in my book.

Touche!

 

[jlee]

Originally posted by: Vic

Originally posted by: Skoorb
That presumes that all cops are assholes, when in fact a great many are not.

Any cop who wants to search my car without lawful probable cause is automatically an asshole in my book.

You must have a very large book.

 

[Vic]

Originally posted by: CadetLee

Originally posted by: Vic

Originally posted by: Skoorb
That presumes that all cops are assholes, when in fact a great many are not.

Any cop who wants to search my car without lawful probable cause is automatically an asshole in my book.

You must have a very large book.

Actually, I haven't even been so much as pulled over in like 4 years. And no cop has asked to search my car since I was like 19. Still, bad memories of nazi cops die hard. I've never been charged with a single crime in my whole life but that isn't because the cops never tried. It was a crime to be too poor to afford a lawyer in the town I grew up in.

 

[apoppin]

Originally posted by: PlatinumGold

Originally posted by: apoppin

Originally posted by: PlatinumGold
Do you mind if I search your Vehicle...?

with the answer of "NO" would mean, you are giving permission to search your vehicle.

i have made it very clear:

No Sir! You may NOT search my vehicle. i do NOT give you permission

clear enough?
:roll:

i guess speaking correct english is just too difficult.

Do you mind if I search your car?


Yes, i do mind. I will not give permission.

a bit clearer wouldn't you say?

to you perhaps. Do you think a cop would be cconfused by my three negatives? 😛
:roll:

and a cop HAS asked me "May I search your vehicle?" 😛

[No!] (damnit)
================================================

Originally posted by: Skoorb

Originally posted by: apoppin
Absolutely . . . his time is pretty "valuable" also. Plus if you do NOT consent, you are not giving a crooked cop an easy opportunity to 'plant' something.

Cops are paid by the hour, so their time really doesn't matter 🙂 I suppose a cop could plant something, but not if you know they have vid cameras for all traffic stops. In reality if you say no and he wanted to plant it he could say he smelled something or you were acting very suspiciously and he had cause, so he'll search it anyway.

i am assuming MOST cops are NOT crooked . .. . however some are and - with my luck - i'd get the bad one "finding" something under my [seat] that he planted. It would be much harder for him to "find" something in my pocket. 😉

Yes, he'll search it anyway - if he is suspicious enough. But if you refuse his request, you have LIMITED his OPTIONS and increased yours.

 

[StageLeft]

Still, bad memories of nazi cops die hard.

I've been pulled over four times in my eleven years of driving, the first being when I was 16, and the last a few days ago, and warnings on all of them. I guess my impressions are tempered with magnanimity, but I have to say I do now agree that consenting to a search is probably not worth doing and I normally am sympathetic to the golden rule of using all of the rights you have, so if you don't have to consent, then don't.

 

[rh71]

Originally posted by: Vic

Originally posted by: jagec
Even if there is absolutely nothing in your car, you weren't doing anything reckless, and you don't want to spend an hour waiting for the cop to get a K9 unit or something?

If you consent to a search, thinking you're being the good citizen, the cop will be even more upset when he finds nothing. He will throw all your belongings into the street, and he will spend 2 hours yelling at you things like "Where'd you hide it?" etc. In fact, the more obvious your innocence is, the more pissed the cop will become that he can't pin anything on you.

Please tell me this is purely a result of bitterness and you don't actually believe this will happen...

 

[AaronB]

Originally posted by: KLin

Originally posted by: LS20

Originally posted by: AaronB
I have two pieces of advice for dealing with the police.

1. Never consent to a search. There is no upside to consenting no matter what the police tell you.

2. If arrested, STFU until you have a lawyer present. The police will want you to talk and you may even want to help sort out a possible misunderstanding but again there is no reason to not consult with an attorney before speaking.

the only guy in here who knows what he is talking about

DonVito knows what he's talking about too. :roll:

I would agree. I have read enough of Don Vito's posts to respect his opinion on legal discussions here.

 

[sygyzy]

Wise words by Vic.

Read up on heightened expectation of privacy, lockboxes, trunks, and glove compartments.

 

[PlatinumGold]

Originally posted by: apoppin

Originally posted by: PlatinumGold

Originally posted by: apoppin

Originally posted by: PlatinumGold
Do you mind if I search your Vehicle...?

with the answer of "NO" would mean, you are giving permission to search your vehicle.

i have made it very clear:

No Sir! You may NOT search my vehicle. i do NOT give you permission

clear enough?
:roll:

i guess speaking correct english is just too difficult.

Do you mind if I search your car?


Yes, i do mind. I will not give permission.

a bit clearer wouldn't you say?

to you perhaps. Do you think a cop would be cconfused by my three negatives? 😛
:roll:

and a cop HAS asked me "May I search your vehicle?" 😛

[No!] (damnit)

I really don't give a damn what a cop has asked you. My comment was based on the TITLE OF THE FVCKING THREAD. :roll:

 

[apoppin]

Originally posted by: PlatinumGold

Originally posted by: apoppin

Originally posted by: PlatinumGold

Originally posted by: apoppin

Originally posted by: PlatinumGold
Do you mind if I search your Vehicle...?

with the answer of "NO" would mean, you are giving permission to search your vehicle.

i have made it very clear:

No Sir! You may NOT search my vehicle. i do NOT give you permission

clear enough?
:roll:

i guess speaking correct english is just too difficult.

Do you mind if I search your car?


Yes, i do mind. I will not give permission.

a bit clearer wouldn't you say?

to you perhaps. Do you think a cop would be cconfused by my three negatives? 😛
:roll:

and a cop HAS asked me "May I search your vehicle?" 😛

[No!] (damnit)

I really don't give a damn what a cop has asked you. My comment was based on the TITLE OF THE FVCKING THREAD. :roll:

OK, nitpicker . . . letsee, i was quoting DonVito and stated:

Originally posted by: apoppin

Just say 'no'

IF they search anyway, [the cop finds "something"] AND the search is LATER deemed "improper" [by a judge], the evidence is tossed out and you are FREE.

NEVER give permission.

EDIT: You NEVER see the COPS where the person says "NO!" . . . .
:roll:

"Just Say 'no!'" is a famous quote attributed to Nancy Reagan in her 'war on drugs' . . . i was applying it to the "Can you refuse a cop's [request]"

i guess you missed that. 😛

you also seemed to miss my clarifying "NEVER give permission"
:roll:

anyway, in subsequent posts, i made it clear and clearer what i was talking about - that the response to his request to search should be negative.

i can't make it any clearer than that

perhaps you take the Bible word-for-word literally also
:roll:
😀