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

[thatsright]

Watching some idiots get busted on 'Cops' right now for possession.

Just wondering, if a cop asks you if you have anything in the car and you say no; then the cop asks "do you mind if I search your vehicle?"

Can you say no? And if so, would it then be un-lawful (search/seizure) for him to look in your car? Though I'm sure that wouldn't win you any brownie points with the cop if you get pulled over.

 

[Kalvin00]

 

[Don Vito Corleone]

You can absolutely say no, and I always would. This may cause the cops to bring out a K-9 unit for a walkaround, but unless they have some reasonable suspicion you are engaged in a criminal act, they can't search without your permission.

 

[imported_DocHolliday]

they can't search your vehicle w/o probable cause or your permission, but they can walk drug dogs around it and if the dogs find anything then you're ass = grass

[EDIT]you suck DonVito [/EDIT]

 

[Landroval]

iirc he/she needs a warrant, unless there is some very good visible evidence (that would stand up in court)

 

[DAGTA]

As far as I know, you can say no but that would just make the cop suspicious and he could detain you while requesting a warrant to get your car searched.

 

[nater]

Originally posted by: DAGTA
As far as I know, you can say no but that would just make the cop suspicious and he could detain you while requesting a warrant to get your car searched.

I've had friends refuse the search and be let go.
I've had friends allow the search and then get caught with stuff.

If I was travelling with illegal substances (which I never do), I would probably refuse the search.

 

[Don Vito Corleone]

Originally posted by: DAGTA
As far as I know, you can say no but that would just make the cop suspicious and he could detain you while requesting a warrant to get your car searched.

Nope. The cop still has to have a reasonable suspicion you are engaged in a criminal act.

Warrants are seldom used for cars (since, according to existing Supreme Court precedent, they aren't required, because of the fact that driving is an optional, heavily-regulated enterprise). When I was working in a US Attorney's office, we never used warrants for cars, regardless of the seriousness of the crime involved, for fear of setting an implied local precedent that warrants were required.

 

[MrCodeDude]

You should only say no if you absolutely don't have anything in your car.

 

[nater]

Originally posted by: MrCodeDude
You should only say no if you absolutely don't have anything in your car.

why? if you say yes, they will search. If you say no, they may or not end up searching.

 

[Don Vito Corleone]

Originally posted by: MrCodeDude
You should only say no if you absolutely don't have anything in your car.

My mother has been a judge for 21 years, and when I was about ten, she specifically told me never, ever to make a statement to police if I was suspected of a crime. I extend this logic to searches; I am no criminal, but we have a Fourth Amendment for a reason, and I'm not going to voluntarily subject myself to searches.

 

[FeuerFrei]

Well, do ya mind if I look around the car a li'l bit??
My glove compartment's locked and so's the trunk in back
I know my rights, so you gonna need a warrant for that.
Aren't you sharp as tack?
You some type of lawyer or sumthin'?
Somebody important or sumthin'?
I ain't passed the bar but I know a li'l bit
Enough to know that you want to illegally search my $hit
Well, we'll see how smart you are when the canine comes!
I got 99 problems but a bitch ain't one!

 

[CyraKrin]

keep in mind that most canadian squadcars can get a warrant while detaining you.. and for those of us with convertables, whether you say no or not, they can still look in/for probable cause, or whatever it's called.

I dont let them look simply because my truck isnt in the best of shape.

 

[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.

 

[HappyPuppy]

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.

Words of wisdom.

 

[funboy6942]

I believe that you have the right to say no but then they will bring a dog in to sniff around your car. If the dog smells something then they have probable cause and can at that point search your car. If the dog turns up nothing then they cannot.

 

[Scouzer]

Originally posted by: CyraKrin
keep in mind that most canadian squadcars can get a warrant while detaining you.. and for those of us with convertables, whether you say no or not, they can still look in/for probable cause, or whatever it's called.

I dont let them look simply because my truck isnt in the best of shape.

Yeah...I wish I knew more how this worked in Canada.

 

[apoppin]

Originally posted by: DonVito
You can absolutely say no, and I always would. This may cause the cops to bring out a K-9 unit for a walkaround, but unless they have some reasonable suspicion you are engaged in a criminal act, they can't search without your permission.

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:

 

[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?

 

[UbiSunt]

Originally posted by: FeuerFrei
Well, do ya mind if I look around the car a li'l bit??
My glove compartment's locked and so's the trunk in back
I know my rights, so you gonna need a warrant for that.
Aren't you sharp as tack?
You some type of lawyer or sumthin'?
Somebody important or sumthin'?
I ain't passed the bar but I know a li'l bit
Enough to know that you want to illegally search my $hit
Well, we'll see how smart you are when the canine comes!
I got 99 problems but a bitch ain't one!

Educational rapping courtesy of Jay-Z

 

[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.

 

[LtPage1]

if they didnt have to ask, they wouldnt. without probable cause, they cant search your vehicle without your permission.

 

[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

 

[dmcowen674]

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.

Guilty until proven innocent.

 

[PlatinumGold]

Do you mind if I search your Vehicle...?

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