If a cop pulls you over...

[ichy]

So I'm curious to see what people's attitudes/beliefs are about this. Let's assume you're pulled over, and after running your license and tags the cop asks you if he can search your car. What would you do?

 

[FDF12389]

Repost troll flamebait alert

 

[Vette73]

Bears, Beets, Battlestar galactica!

 

[ichy]

Repost troll flamebait alert

I didn't know this had already been posted.

The reason I started it is because I'm a firm believer in "I'm sorry officer, I do not consent to any searches" but I'm amazed at how many of my friends don't understand their constitutional rights. Some of them even think that refusing a search gives the cops a reason to suspect you.

 

[Munky]

Last I checked, the cop needs probable cause to search your car. The problem is, it's your word against his, and the courts are more likely to take his side.

 

[nageov3t]

"if you're giving me a choice, I'd really rather you not."

 

[dpodblood]

I didn't know this had already been posted.

The reason I started it is because I'm a firm believer in "I'm sorry officer, I do not consent to any searches" but I'm amazed at how many of my friends don't understand their constitutional rights. Some of them even think that refusing a search gives the cops a reason to suspect you.

If you have the right to do something you also have the right not to do it. I would probably let a cop search my car because I have nothing to hide.

 

[Lean L]

"Don't you need a warrant?"

Then depending on what he says you can decide if it's worth the hassle of saying no.

 

[ichy]

Last I checked, the cop needs probable cause to search your car. The problem is, it's your word against his, and the courts are more likely to take his side.

A lot of this depends on what state you're in. I'd imagine that in rural Louisiana things like "rights" and the Constitution don't carry much weight. In Maryland though a cop had better be prepared to clearly articulate what his PC was. I asked a guy who works as a defense lawyer about this once. I expected to get some typical rant about how judges, cops and prosecutors are all in cahoots, but I was surprised to hear him say that even in our rednecky rural counties judges won't hesitate to make sure cops follow the rules. Of course, as Chris Rock put it the best way to not get your ass kicked by the cops is to obey the law.

 

[her209]

Last I checked, the cop needs probable cause to search your car. The problem is, it's your word against his, and the courts are more likely to take his side.

Yup, they can lie and make shit up. "I smelled marijuana."

 

[dainthomas]

Never consent to any searches or submit to questioning without a lawyer. They are not on your side. Doesn't everyone know this?

 

[Slew Foot]

Doesn't matter what you do. Te cop will lie and the judge will believe him over you

 

[FDF12389]

I didn't know this had already been posted.

The reason I started it is because I'm a firm believer in "I'm sorry officer, I do not consent to any searches" but I'm amazed at how many of my friends don't understand their constitutional rights. Some of them even think that refusing a search gives the cops a reason to suspect you.

That was pretty much the consensus in the last thread irc.

Me personally it would depend on the situation entirely, cops attitude, time constraints, and of course the contents of my car!

 

[TwiceOver]

My time is worth more than dicking with the cop.

If you say no around here, they'll call the drug dogs and get in anyway, why waste the time. "Ohh boo hoo you are giving up your rights and letting them trample all over your rights, wah wah". Who gives a fuck. Yesterday's video of the cop saying your rights don't matter, is true.

 

[waggy]

"I do not give permission for you to search the vehicle"
but if they want to search it they will.

but i have never allowed them to search my car.

 

[TecHNooB]

let him/her search it. but also ask why and explain that i'm simply curious (as opposed to being confrontational). my car is clean.

 

[ichy]

If you have the right to do something you also have the right not to do it. I would probably let a cop search my car because I have nothing to hide.

I don't either, but what if some dumbass friend of mine left an empty beer can under my seat? Hello open container violation. Hell, I simply don't want someone pawing through my things even if there's nothing illegal in there.

Just to be clear, I'm not one of these anti-police a holes. I know that 99% of people who have negative encounters with the cops are people who are breaking the law. If I had information on a crime I would also tell the police everything I knew, because I'm a law abiding citizen who wants to see criminals punished. That being said, if I was being questioned about something I didn't know about the only three things I'd say are "I am not waiving any of my rights," "I do not consent" and "Lawyer."

 

[Schadenfroh]

Tell them NOT to look in the trunk...

http://www.youtube.com/watch?v=HZjZbJuhPAo

 

[ichy]

"I do not give permission for you to search the vehicle"
but if they want to search it they will.

but i have never allowed them to search my car.

If they have probable cause to search your car they won't ask you, they'll simply tell you to step out of the vehicle and then look through it.

 

[ichy]

Me personally it would depend on the situation entirely, cops attitude, time constraints, and of course the contents of my car!

To each their own. I would never waive my rights regardless of how the cop acted, where I was going or what was in the car. There's no reason for me to let someone dig through my stuff.

 

[ichy]

Yup, they can lie and make shit up. "I smelled marijuana."

Again, this depends on the state. In Maryland judges don't just roll over for the police, and the appellate courts won't hesitate to overturn bad rulings by trial judges.

Of course, the best solution is not to have weed in your car in the first place.

 

[waggy]

If they have probable cause to search your car they won't ask you, they'll simply tell you to step out of the vehicle and then look through it.

then whats the point of the question? if they are going to do they are going to do it. But if asked i say no.

 

[dpodblood]

I don't either, but what if some dumbass friend of mine left an empty beer can under my seat? Hello open container violation. Hell, I simply don't want someone pawing through my things even if there's nothing illegal in there.

If it were my home it would be a different matter. But my car has nothing it in it of a personal nature. And how would you end up with an empty beer can in your car anyway? I don't let my friends drink in my vehicle.

 

[Jeeebus]

Me: You're not looking for dead hookers, are you?

Cop: No

Me: Ok, search away.

 

[ichy]

BTW, even if a cop does lie about PC you can't harm yourself by refusing to waive your rights. Let's assume you're a dumbass with something illegal in your car, cop lies about PC in order to search it, and finds your illegal item. If you stated that you don't consent to searches (while keeping your hands visible and also clearly stating that you are not physically resisting) you at least have a chance in a suppression hearing. If you waive you're rights then you're truly fucked.