if a cop asks to.....

[jkoXP]

search your car when he pulls you over? he would actualyl need a warrent, right?

i can deny him the right, right?

I live in Maine if that helps

 

[TallBill]

hehe.. depends on what your transporting

 

[sheselectric]

yeah he needs a warrant, but there's a loophole. he could cite "probable cause" as reason to search your car, which could be interpreted to mean any number of things.

 

[FoBoT]

if you refuse, expect to get a ticket for what he pulled you over for, plus anything else he can find/think of

he may take his time, call for backup, keep you there for a looooong time to make your life miserable

don't keep stuff in your car you don't want cops to find, its a public road

 

[Thegonagle]

Usually, they need nothing more than "reasonable suspicion," or "probable cause" to search a vehicle, like if they smell you smoking your kind-bud from 4 cars back . A vehicle and a home fall under vastly different rules.

 

[BuckleDownBen]

He can look in your windows and he can ask you to let him search your car. You can say no if you want to.

 

[mrCide]

heh, just like refusing to speak if you get arrested.. 'but it will make you seem guilty'.. gimme a break, if you dont want him to dont let him, if you have something to hide and he uses probable cause he's gonna find it if you say yes or not

 

[jkoXP]

well i odnt drink or smoke or do drugs, and i dont really look like the type. but i do speed..... sometimes...... and somethimes the state troopers like to ask to search (ie from my friends expereinces....). i dont want them rippin my car apart looking for nothing

 

[aznmist]

the area in your car belongs to you and the cop cannot trespass..that's why they ask you to steop outta the car.
you can refuse...but that leads him to suspect that you are up to something and they can use their judgement and yank you outta the car(this becomes legal)

 

[HappyPuppy]

This same basic question was asked yesterday.

 

[kgraeme]

Strangely recent repost.

What's with the sudden worry of police inspecting cars?

 

[Thegonagle]

Originally posted by: jkoXP
well i odnt drink or smoke or do drugs, and i dont really look like the type. but i do speed..... sometimes...... and somethimes the state troopers like to ask to search (ie from my friends expereinces....). i dont want them rippin my car apart looking for nothing

They won't rip it too bad, usually. If they really expect to find something, they'll call for a K-9. I'd just tell them to go ahead, since they won't find anything. They'll appreciate your cooperation.

 

[jkoXP]

my friend says they took off the plastic in his trunk, and took up some carpet...... I would be very mad, since i just bought a new car.

 

[db]

ACLU "BUSTCARD": Pocket Guidelines on Encounters with the Police - PDF
ACLU "Bustcard": Pocket Guidelines on Encounters with the Police - HTML version

" In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search."


"You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT."

 

[XMan]

One time I got pulled over, and the cop was freaking out because I had a bunch of UPS boxes with next-day air tape on them. I guess the tape looks very similar to the stuff they use to identify high explosives when being transported.

 

[Yossarian451]

Know your rights....
First off, you can deny them a search.
Of course they will say probale cause. TO this ask them what their cause is, they must declare reasonable cause.
Next, if they decide to search the car regardless of your refusal, you ask them what they are searching for.
They are required by law to tell you what they are searching. They also must be rather specific. Not just, "Contraband" some try to give overly broad topics, but they actually have to be specific and must tell you if it was drugs, illegal weapons, etc.
Make sure you are present and if they say, "We are searching for illegal controlled substances", then they begin the search and they find, say an illegal assult rifle, they will throw you in the back of the car take you down, then release you and the judge will throw the case out.
Alway ask the nature of the search, even if you allow them to search ask the nature of the search. Be cooperative but don't cower and allow them to take advantage of you. A good citizen can be concerned about their rights.
You must however, at leadst in Texas, tae a sobreity test, or they can immediately revoke your license.
Be cooperative, but know you don't have to allow a search.

 

[Pepsi90919]

Originally posted by: jkoXP
my friend says they took off the plastic in his trunk, and took up some carpet...... I would be very mad, since i just bought a new car.

so they're looking at the spare tire, who cares.

 

[Thegonagle]

Originally posted by: Yossarian451
Know your rights....
First off, you can deny them a search.
Of course they will say probale cause. TO this ask them what their cause is, they must declare reasonable cause.
Next, if they decide to search the car regardless of your refusal, you ask them what they are searching for.
They are required by law to tell you what they are searching. They also must be rather specific. Not just, "Contraband" some try to give overly broad topics, but they actually have to be specific and must tell you if it was drugs, illegal weapons, etc.
Make sure you are present and if they say, "We are searching for illegal controlled substances", then they begin the search and they find, say an illegal assult rifle, they will throw you in the back of the car take you down, then release you and the judge will throw the case out.
Alway ask the nature of the search, even if you allow them to search ask the nature of the search. Be cooperative but don't cower and allow them to take advantage of you. A good citizen can be concerned about their rights.
You must however, at leadst in Texas, tae a sobreity test, or they can immediately revoke your license.
Be cooperative, but know you don't have to allow a search.

Yeah, you can do all that. But the cops can also make your life hell for as long as they have you there. The faster you just cooperate, assuming you're not carrying anything, the faster you can get on your way, many times without even getting that speeding ticket . You may have the right, but the cops will only think you're being a smartass, and they will treat you like one, and you will be given something to remember them by (a ticket for the exact offense they pulled you over for).

 

[db]

It's BS for a cop to search just for a fishing expedition, and if you let them you are allowing them to disrespect you, and you are giving in to intimidation and manipulation. Just don't be a fool and get mouthy--just be factual.

 

[Cyberian]

Make sure you are present and if they say, "We are searching for illegal controlled substances", then they begin the search and they find, say an illegal assult rifle, they will throw you in the back of the car take you down, then release you and the judge will throw the case out.

Just who is going to testify that that is indeed what the cop said?

 

[kgraeme]

Is nobody else here freaked out that this exact same thread happened only two days ago with many of the exact same comments?

 

[db]

Is nobody else here freaked out that this exact same thread happened only two days ago with many of the exact same comments?

...The Matrix

 

[kgraeme]

Originally posted by: db

Is nobody else here freaked out that this exact same thread happened only two days ago with many of the exact same comments?

...The Matrix

has you.

 

[CStan]

Does anyone know how your rights differ in Canada (as a Canadian citizen?)

 

[astroview]

They can search you because its part of the "automobile exception," but they need probable cause. Thank our conservative judges

Basically the idea is a car is moveable so it has less rights, and you expect to have less privacy in a car than at home.

see this link for more info.