If a cop pulls you over...

[amdhunter]

Ask them if I can search them first so they can't sprinkle crack or drop a bag of weed in my car.

 

[eits]

"actually, officer, i do. i'm not trying to be a pain, but i'm kinda in a hurry and based on why you pulled me over, there's no probable cause for you to need to search my car, it would just kinda waste both of our valuable time. sorry."

 

[eelw]

What's the legal difference that border crossing are able to search your car then?

 

[Texashiker]

I would never be disrespectful about it, since I believe that most cops are good guys doing a difficult job. You can assert your rights without being a dick.

My brother is a cop. I hear all too often what they have to go through.

I also know there are real criminals on the streets that they cops should be looking for, and not harassing law abiding citizens.

 

[Jeeebus]

What's the legal difference that border crossing are able to search your car then?

The Supreme Court.

 

[BoomerD]

What's the legal difference that border crossing are able to search your car then?

They don't...unless they believe they have probably cause.

 

[Texashiker]

They don't...unless they believe they have probably cause.

In a lot of states, the cop can sit in the drivers seat and search within his reach without probable cause.

"actually, officer, i do. i'm not trying to be a pain, but i'm kinda in a hurry and based on why you pulled me over, there's no probable cause for you to need to search my car, it would just kinda waste both of our valuable time. sorry."

I think your getting a little too complicated.

Just tell the cop "no, you may not search my car. If I give you a doughnut will you go away?"

 

[tynopik]

After the story about Mexican drug gangs hiding drugs in innocent people's cars, how confident can you be that you truly have nothing to hide?

 

[ichy]

What's the legal difference that border crossing are able to search your car then?

http://en.wikipedia.org/wiki/Border_search_exception

 

[Arkaign]

You basically should always say yes, as cops quite often couldn't possibly care less about laws. I've mentioned before that I had a young co-worker from India that got pulled over in his Volvo in front of the PC shop we worked at, and he refused a search and got beat the fuck up for it. And he was like 110lbs soaking wet and obviously not a threat. Nothing quite like seeing a 300lb cop sit on his back while his neck was sideways on the curb. They tore his car to shreds too. When the store manager (middle-aged guy in a shirt and tie) went out to ask what this was regarding, one of the officers put his hand to his pistol. What fucking assholes, most cops are great, but I'd have been happy to see those particular fuckers get ran over by dump trucks.

 

[ichy]

After the story about Mexican drug gangs hiding drugs in innocent people's cars, how confident can you be that you truly have nothing to hide?

Or you could get fucked over like this poor woman.

http://www.nytimes.com/2011/07/26/n...-so-intricate-the-prosecutors-were-pawns.html

Granted, cases like this are unlikely but innocent people do occasionally get snagged in the wheels of our cold and impersonal legal system.

"Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances."

-Justice Robert H. Jackson

 

[ichy]

You basically should always say yes, as cops quite often couldn't possibly care less about laws. I've mentioned before that I had a young co-worker from India that got pulled over in his Volvo in front of the PC shop we worked at, and he refused a search and got beat the fuck up for it. And he was like 110lbs soaking wet and obviously not a threat. Nothing quite like seeing a 300lb cop sit on his back while his neck was sideways on the curb. They tore his car to shreds too. When the store manager (middle-aged guy in a shirt and tie) went out to ask what this was regarding, one of the officers put his hand to his pistol. What fucking assholes, most cops are great, but I'd have been happy to see those particular fuckers get ran over by dump trucks.

Out of curiosity what state and jurisdiction did this take place in?

You do realize that there is not a single defense attorney in the country who would agree with your statement that you should always say yes?

 

[IceBergSLiM]

Never consent and never talk without a lawyer present. You never have anything to gain.

1) While the officer is running your license get your phone out and prepare to record the rest of the interaction, if only the audio.

2) Alternately you can tell the officer the vehicle is equipped with hidden video and audio recording equipment in the front and rear of the vehicle that can only be turned off with an override key that is at your house.

 

[IceBergSLiM]

You basically should always say yes, as cops quite often couldn't possibly care less about laws. I've mentioned before that I had a young co-worker from India that got pulled over in his Volvo in front of the PC shop we worked at, and he refused a search and got beat the fuck up for it. And he was like 110lbs soaking wet and obviously not a threat. Nothing quite like seeing a 300lb cop sit on his back while his neck was sideways on the curb. They tore his car to shreds too. When the store manager (middle-aged guy in a shirt and tie) went out to ask what this was regarding, one of the officers put his hand to his pistol. What fucking assholes, most cops are great, but I'd have been happy to see those particular fuckers get ran over by dump trucks.

and he didn't sue because???

if it happened like you say with witness and all seems open and shut case especially after they subpoena the cruiser cam.

 

[jlee]

Never consent and never talk without a lawyer present. You never have anything to gain.

1) While the officer is running your license get your phone out and prepare to record the rest of the interaction, if only the audio.

2) Alternately you can tell the officer the vehicle is equipped with hidden video and audio recording equipment in the front and rear of the vehicle that can only be turned off with an override key that is at your house.

Make sure to be familiar with your local laws. Recording audio without consent is generally a felony in NH.

 

[xanis]

and he didn't sue because???

For real. Two witnesses to some legitimate police brutality... I'm pretty sure that there was a case there.

 

[IceBergSLiM]

Make sure to be familiar with your local laws. Recording audio without consent is generally a felony in NH.

Then option 2 would still be legit. If you announce you are recording then its not an issue. And if you aren't really recording and just saying that you are its even less an issue. And I'm not sure how those laws extend to private property(your car)

 

[Genx87]

Tell them NOT to look in the trunk...

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

Love that movie!

 

[Arkaign]

and he didn't sue because???

if it happened like you say with witness and all seems open and shut case especially after they subpoena the cruiser cam.

Was circa '96 in Dallas. No idea why no lawsuit, perhaps the lawyers didn't think it would be a case with no video? This was back in the stone ages before video was out there helping to protect people more, and before several Police Chiefs that have considerably improved relations with the public (lots of bad apple officers fired, a few jailed, and more awards/etc for exemplary officers).

 

[IceBergSLiM]

Was circa '96 in Dallas. No idea why no lawsuit, perhaps the lawyers didn't think it would be a case with no video? This was back in the stone ages before video was out there helping to protect people more, and before several Police Chiefs that have considerably improved relations with the public (lots of bad apple officers fired, a few jailed, and more awards/etc for exemplary officers).

well you are basing "You basically should always say yes" off of a single instance over a decade ago. You should never say yes.

 

[Arkaign]

Out of curiosity what state and jurisdiction did this take place in?

You do realize that there is not a single defense attorney in the country who would agree with your statement that you should always say yes?

Well, I hate to repeat a stereotype, but if you have nothing to hide? Of course it's possible that someone might plant something on you. In my opinion, trying to claim your constitutional rights with police will just earn you more harassment, possibly a beating, and you might even get shot for it in the worst case scenario (think Rampart).

 

[mattpegher]

My question is, should an otherwise law abiding citizen be aware of anything else that one may have in the vehicle that could be considered "illegal".
I keep a few pocket knifes in the tools in my trunk, in case of break down. I also have a emergency survival pack in the trunk with a survival knife - 8 inch fixed blade (hollow hilt compartment). What if I am on the way to karate and have tonfa or sai or nunchaku.
Is there anything else that could be a problem?
What if I have a few motrin in a pill box, unlabelled. They aren't going to be able to identify them on the spot.
And call me paranoid but what if they decide to drop a vicodin on the floor and claim it is mine. It would be hard to prove that it wasn't.
I trust my local guys but what if I get pulled over on one of the throughways around Newark. Sure, I can't see why they would want to do that, but I just don't trust people that much.

 

[Arkaign]

well you are basing "You basically should always say yes" off of a single instance over a decade ago. You should never say yes.

Well I've said yes the couple of times I've been searched during the past decade, and been extremely polite and positive with the officers, which seems to disarm them, and after not finding anything of interest, they usually quickly lose interest and move on. Each time I've been with someone who denied a search request, there has been a lot of hostility, the cops trash the car, 2 or 3 more suvs/cars arrive, we have to endure a lot more hassle. Notably, this always seems to be more pronounced when I'm hanging out with my non-white friends.

 

[eits]

In a lot of states, the cop can sit in the drivers seat and search within his reach without probable cause.



I think your getting a little too complicated.

Just tell the cop "no, you may not search my car. If I give you a doughnut will you go away?"

you don't wanna piss off a cop. it's best to say no in a nice way and make him be as understanding as possible.

 

[Arkaign]

In short :

Say yes, be polite = get the shit over with.

Say no = piss the officer(s) off, get treated like shit, get searched anyway.