if you are concerned about your rights you should cough up the dough to get some small cameras mounted in the front rear and side of your car along with audio so you can record any encounters with police or otherwise. There is nothing like suing the police for violating your rights.
Flex Your Rights is an organization that deals with police encounters. They sell a DVD about the issue for a $19.99 donation.
- Oct 10, 1999
- 31,306
- 12,823
- 136
back in the day I had long hair and a loud, fast car. I got pulled over all the time. Some cops were nice and others were jerks. One cop wanted to search my car (my car was cleaner inside than his cruiser) and I asked why. He said, "I don't have to tell you." I thought about that for a second and said to him, "I don't have to let you search either". So he started shining his flashlight in my car to see something. I chuckled. He then said, "I want you to open the trunk". I said, "what for?". He muttered something and I said, "well, this was fun. But I am going home now. So write up a ticket for something or not, because I am leaving now." He told me I had an attitude problem. 
Seriously though, I had never done anything criminal, ever. I don't do drugs, don't smoke and barely even drink.
Seriously though, I had never done anything criminal, ever. I don't do drugs, don't smoke and barely even drink.
jlee
Lifer
- Sep 12, 2001
- 48,518
- 223
- 106
I don't know if it varies state to state, but in Ohio an officer may NOT search your car without a warrant or without permission from you.
"Probable Cause" is the condition that they use to get the warrant, but if they search without your permission and without a warrant, short of a dead body in the trunk and a bloody knife in the glove box, anything they find is not admissable as evidence in court.
99 times out of 100 though, if you deny them the chance to search your car, they consider that enough of a reason to obtain a warrant, in which case they will tear your car apart searching for SOMETHING to make it worth their time.
"Probable Cause" is the condition that they use to get the warrant, but if they search without your permission and without a warrant, short of a dead body in the trunk and a bloody knife in the glove box, anything they find is not admissable as evidence in court.
99 times out of 100 though, if you deny them the chance to search your car, they consider that enough of a reason to obtain a warrant, in which case they will tear your car apart searching for SOMETHING to make it worth their time.
DivideBYZero
Lifer
- May 18, 2001
- 24,117
- 2
- 0
DivideBYZero
Lifer
- May 18, 2001
- 24,117
- 2
- 0
quakefiend420
Lifer
- Aug 26, 2004
- 14,685
- 1
- 76
refusal to consent to a search is not probable cause, it is exercising your constitutional right to be free from unreasonable search...any judge that issues a warrant with that as probable cause would probably have it and the evidence thrown out upon appeal to a higher court
From my watching COPS (heh) and reading other threads/forums, if you refuse and they want to search they may make you wait a while as they call for a K9 unit and have them sniff the car. Thus, giving them probable cause (or not) to search. So, if you are hiding something you'll just waste time and piss 'em off further.
I guess I don't fit the profile, because while I have been pulled over a few times over the years, I've never been asked, and I'm not sure how I would respond if I was. I wouldn't be hiding anything, yet I wouldn't want them messing around with my stuff either.
I guess I don't fit the profile, because while I have been pulled over a few times over the years, I've never been asked, and I'm not sure how I would respond if I was. I wouldn't be hiding anything, yet I wouldn't want them messing around with my stuff either.
Not stating that refusal is probable cause, because that would just be a "why bother" situation... I'm saying that if you refuse, they're going to look for BS reasons.
GregGreen
Golden Member
- Dec 5, 2000
- 1,687
- 4
- 81
That link is a little different than the way I was looking at it. The person that was pulled over was arrested in which case it pretty much is fair game to go into a glove box. I was looking at the idea that a police officer wanted to just search the car -- "fishing" for a reason to arrest you...
Why would they use the word "she" to refer to the officer when the vast majority of police officers are male? Wouldn't you go for the percentages? That's like using the word "he" to refer to a nurse. Sure, there are some out there, but the percentages tell the tale.
FallenHero
Diamond Member
- Jan 2, 2006
- 5,659
- 0
- 0
Most of the time if an officer asks to search your car, they have zero reason to do so. Excersizing your 4th amendment rights does NOT mean you are guilty of anything.
bradruth
Lifer
- Aug 9, 2002
- 13,479
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- 81
It depends on what type of search we're talking about. Of course plain view searches are always allowed, so whatever can be seen without manipulating anything is fair game. If we're talking about a full search of the vehicle then there needs to be PC or consent. PC can come in many different forms, but the most "airtight" of which would probably be search incident to an arrest. If they find something else to hook you up for, then they have cart blanche to search the entire passenger compartment of the vehicle, including any containers or packages left inside the vehicle by the driver OR any occupants.
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