if a cop asks to.....

[VTrider]

Lots of good responses here, but remember:

'You' have the right to deny the search. I've never had my car searched, been asked a few times in the past. I just say 'no'. Sometimes the police man/woman will ask' why not, are you hiding something?'. In which case I reply..."No, it's just my constitutional right to refuse the search" Then they usually say 'okay'.

If the police ever try to stall or figure out a way to get into your car, you just have to say one thing. "Am I free to go", they have to answer you, if they say "no" then ask them on what grounds are you being held? They will probably choke at this point and won't be able to come up with a reason to keep you there (if they don't have one). Then keep on asking them, "Am I free to go?"

This works every time. But ya know, the police can always say something like "I smell marijuana" in which case they 'always' have a reason to search your car. LOL, I guess it's a no win situation?

-VTrider

 

[Jerboy]

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

I've heard of people left screwed with their car all f'ed up. The police ripped their car apart to search for drugs, found nothing and left his car ripped apart.


Do you have the right to say " you can search my vehicle if you agree to pay to have my vehicle restored to original condition"

 

[Lithium381]

We just got finished going over court cases in school regarding people rights in regards to the 4th amendment of search and seizure...probable cause covers SO much, and it's different with every cop.....i've never been pulled over, i'd gladly accept if the cop wanted to seach, so long as he didn't rip up my carpet....nothing in my car besides an old coke(cola!) can and a jacket....

 

[Chaotic42]

In Louisiana, he can take your car, have it towed to a shop, torn into the smallest of parts, searched, and give it back to you in a box.

Just let him search it. I got searched coming off of Military Base at 3am. They asked me if they could search it. I said sure. They told that if I had told them no, they'd have had to call and wake up their officer, and then I'd be in trouble.

Cops aren't as evil as everyone makes them out to be.

 

[PC166]

I hope they dont go as far as ripping a person apart to see what we are hiding inside our brain cells lol.

 

[Chaotic42]

Originally posted by: PC166
I hope they dont go as far as ripping a person apart to see what we are hiding inside our brain cells lol.

Louisiana cops don't play. Louisiana is pretty different legaly than other states. They're friendly, until you do something wrong.

I got pulled over on the Causeway (20+ mile bridge over Lake Ponchartrain) for going 10 over the speed limit. The cop had his gun out, told us not to move, and was really, really pissed. He told us to get our asses back to Mississippi. I blew a spark plug upon entering the bridge, and I was speeding up to catch up with our group.

I promptly went to Metarie as planned

 

[Eli]

Originally posted by: Chaotic42

Originally posted by: PC166
I hope they dont go as far as ripping a person apart to see what we are hiding inside our brain cells lol.

Louisiana cops don't play. Louisiana is pretty different legaly than other states. They're friendly, until you do something wrong.

I got pulled over on the Causeway (20+ mile bridge over Lake Ponchartrain) for going 10 over the speed limit. The cop had his gun out, told us not to move, and was really, really pissed. He told us to get our asses back to Mississippi. I blew a spark plug upon entering the bridge, and I was speeding up to catch up with our group.

I promptly went to Metarie as planned

Blew a spark plug? Is that anything like replacing the muffler bearing?

 

[Chaotic42]

Originally posted by: Eli

Blew a spark plug? Is that anything like replacing the muffler bearing?

It shot out of it's "spark plug hole thing", bounced off of the inside of the hood (putting a dent in it), and I suppose it's still on the bridge.

My mechanic friend looked at it and said "How the hell did you manage to do that?". I have bad luck with cars

 

[Jzero]

There's a big difference between declining a voluntary search of your car and preventing the police from actually doing it.
Always be polite and non-threatening. If they ask why, just tell them politely that you are exercising your right.
You're innocent until proven otherwise. All you're doing is throwing the burden of proof on the cop where it belongs.
If you have something to hide, they may search your car anyway and you'd be screwed either way/
If you have nothing to hide you're simply ensuring that they be pretty sure of what they're doing.

Don't sit there and be like "No, pig! I'm not going to let you look in my car. Where's that warrant?"
You just have to say "I'm sorry but I do not consent to a voluntary search."

 

[GiLtY]

Well if they have a probable cause they can search your car, but the definition of probable cause is very vague, and it really depends on the judge/person who interprets it. But however, your right of denying unreasonable searches is protected by the fourth amendament of the constitution... but as my teacher would say, it'd all depends on how the judge interprets if you are to sue the cop.

 

[tcsenter]

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

NEVER be uncooperative with the police. If they ask if you consent to a search, then tell them NO, but NEVER refuse to cooperate if they decide to search anyway.

The police can not lawfully construe your answer as probable cause, which means if you decline to be searched, they can not claim that as evidence you were trying to hide something. They will try to give you the business if you decline, such as saying "Why don't you want us to search your car, do you have something in there you don't want us to find?" Just tell them no, its your right to decline.

If you will remember a few years back, there was a controversial federal circuit court ruling that gives police the right to pull the driver and passengers out of the car and search the vehicle "for their own safety". This circuit court ruling affected the eastern seaboard states, of which Maine is a part, but not the rest of the country. I cannot remember the name of the court case, but I distinctly remember the ruling.

Don't try to give police any of the business if you don't know exactly where you stand legally.

 

[jkoXP]

i dont mind, but i dont want them to rip my car apart........ they dont need to disrespect my car and ruin it....

 

[Mill]

I have had my car searched even though I asked that it not be searched. Of course nothing illegal was in my car, but he did take the seats out and set them on the road. Oh well. That is life. Not much I could do.

 

[VTrider]

For those of you who replied..."I have nothing to hide, I'll let them search my car"


I also don't have anything to hide, but it's all about right of privacy here. I can understand if somebody fitting my description just robbed a bank down the road and took off in my model car, then yes - I would have no problem with that scenario - search my car.

If I just got pulled over for having a headlight out or something and the police officer wanted to search my car, I would refuse consent unless they could give me a good reason other than just being suspicious.

We don't need or want to live in a society where law enforcement officials can just 'search' your private property for no good reason. Refusing the right to search your vehicle is by no means not cooperating with the law.

-VTrider

 

[royaldank]

As mentioned countless times before, politely say no. When asked why, reply with the fact that it's your right as a citizen to say no and I would rather not have you go through my things. If at this point he tells you he is going to anyway, smile and be polite. Ask why he is searching. At this point, any good attorney can get you out of trouble, simply because if he had reasonable suspicion in the first place, he wouldn't have had to ask you. He would have politely told you to have a seat on the curb.

 

[Thegonagle]

Originally posted by: Millenium
I have had my car searched even though I asked that it not be searched. Of course nothing illegal was in my car, but he did take the seats out and set them on the road. Oh well. That is life. Not much I could do.

And I bet he took out the seats and "dissed" your ride all because you said no in the first place. I'm just saying if you want to be on your way as quickly as possible, smile and say "yes, of course, I've got nothing interesting anyway." They're not going to waste too much time on you if they don't suspect you. I'm not saying it's right, but that is how it goes.

 

[trulfe]

agreeing to a search gives any crooked cop the ability to plant evidence in your vechicle. I would say no.

 

[Thegonagle]

Originally posted by: trulfe
agreeing to a search gives any crooked cop the ability to plant evidence in your vechicle. I would say no.

A crooked cop wouldn't need consent anyway, and would cite reasonable cause, so your logic is flawed. Just out of curiosity, what percentage of cops overall would you say are "crooked?" 20%? 50%? People are acting like police aren?t human beings too. I?m sure 99.9 percent of them would rather just do their jobs well than plant evidence on random people for fun.

 

[WHSLacrossekid]

No warrant needed on a motor vehicle. They can search it. It's considered a mobil object, and can be taken anywhere

just like a Motor Home

This is in PA

 

[Michael1897]

oddly enough this happened to my roommate back in november. we were heading home from a weezer concert around 1 am and a cop pulls us over for speaking. he asks to search b/c oddly enough we smelled like pot (go figure) well we weren't smoking nor did we have anything in the car, so my roommate protests. he asks the cop if he is still going to give us the ticket if he does, cop says yes he says no. the cop then asks him again and he says no and that he is tired of cops "strong arming him" and what not. the cop asks him to step out of the car they go have a talk. and then the cop comes back to search the car. his girlfriend is freaking out all this time and i'm thinking he is stupid. so, he come and says he is going to check the ashtray only, (he drives a saturn) the guy can't find the ashtray and checks the center console finds nothing and then goes back. he gives my roommate a ticket and then tells him he needs to calm down b/c he could have asked all of us to get out and sit in the rain while he searched the car and then taken us to the station to have us drug tested and that we would come out pos. by an association high. i laughed, my friend got p!ssed and drove off mad