if cop wants to search your car;

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
can you say no and they still have a dog search it?

I'm watching cops.. and they just told these two guys that if they didn't consent to a search then they'd call a dog and make them wait until the dog got there... and that at that point if the dog detected something then it gives them right to search.. (or something along those lines..)




If that's all correct then that's B/S imo.
 

GasX

Lifer
Feb 8, 2001
29,033
6
81
It's not like the dog is rummaging through the trunk of your car... He's just sniffing the outside looking for a justifiable cause to allow the search.
 

Zysoclaplem

Diamond Member
Sep 26, 2003
8,799
0
0
That's why I always travel with some fresh ham. Police dogs go straight for it everytime. Trafficing illegal prescription eyeglasses has never been so easy.
 

Oger

Senior member
Sep 30, 2004
438
0
0
Canine detection for illegal substances was passed by the Supreme court years and years ago pal.

Even if your local police force does not have a canine, if you refuse the officer can have a judge fill out a search warrant for your vehicle if you are acting suspiciously.
 

I don't think you have very much ground in denying a search of your car on public roadways.
Your house is a different story though.
 

Mr N8

Diamond Member
Dec 3, 2001
8,793
0
76
Originally posted by: Zysoclaplem
That's why I always travel with some fresh ham. Police dogs go straight for it everytime. Trafficing illegal prescription eyeglasses has never been so easy.

Dude, I just heard they are cracking down hard on that. Have fun with Bubba.
 

Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: Oger

Even if your local police force does not have a canine, if you refuse the officer can have a judge fill out a search warrant for your vehicle if you are acting suspiciously.

how long would that take to get the warrant if lets say he pulled you over.
 
Jan 31, 2002
40,819
2
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At least locally, it's either:

1) Submit to the search and get to stand near your car and watch them look.
2) Decline the search, at which point they say you're acting suspicious for not letting them search, and toss you in the back of the cruiser while they look anyways.

Win-win, eh? :p

- M4H
 

Zysoclaplem

Diamond Member
Sep 26, 2003
8,799
0
0
Originally posted by: MogulMonster
Originally posted by: Zysoclaplem
That's why I always travel with some fresh ham. Police dogs go straight for it everytime. Trafficing illegal prescription eyeglasses has never been so easy.

Dude, I just heard they are cracking down hard on that. Have fun with Bubba.

:Q
 

zixxer

Diamond Member
Jul 6, 2001
7,326
0
0
Originally posted by: Mwilding
It's not like the dog is rummaging through the trunk of your car... He's just sniffing the outside looking for a justifiable cause to allow the search.

Actually; a co-worker's car was searched by a dog (before he bought it; a 1997 BMW 5 series) and it is scratched pretty bad.. looks like the dog jumped on the hood and scratches around the gas cap.


so yeah.. i think i'd have a problem with it
 

Ausm

Lifer
Oct 9, 1999
25,213
14
81
Originally posted by: MercenaryForHire
At least locally, it's either:

1) Submit to the search and get to stand near your car and watch them look.
2) Decline the search, at which point they say you're acting suspicious for not letting them search, and toss you in the back of the cruiser while they look anyways.

Win-win, eh? :p

- M4H



Cops usually have good judgement on who is a scumbag and who is not...look at Rodney King ;)


Ausm
 

Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: Oger
how long would that take to get the warrant if lets say he pulled you over.

Generally within the hour, in my state at least.

So if someone got pulled over and said no, you can't search my car, the cop can make you wait 1 hour on the side of the road, waiting for a warrant? that sucks, i be like whatever dude search i'm late for dinner.
 

Phoenix86

Lifer
May 21, 2003
14,644
10
81
Originally posted by: Oger
how long would that take to get the warrant if lets say he pulled you over.

Generally within the hour, in my state at least.
If the judge is available, and they would have to hand deliver the warrent to you before searching. So the judge would have to sign it, then deliver it to the cop on site, unless I'm mistaken. In an small town I would think this would be easier than a larger one... Also the reason would have to be justified in court. I would think a good lawyer could get a warrent based on 'not letting them search' thrown out. Of course I'm not a lawyer. :)
 

Oger

Senior member
Sep 30, 2004
438
0
0
Incorrect sir, another officer fills out the warrant application, drives to the court house, the judge reviews it, signs it and the officer drives back to the scene.

(I know, I have had this done to me before)
 

ViRGE

Elite Member, Moderator Emeritus
Oct 9, 1999
31,516
167
106
Originally posted by: Oger
Incorrect sir, another officer fills out the warrant application, drives to the court house, the judge reviews it, signs it and the officer drives back to the scene.

(I know, I have had this done to me before)
The big craze these days is electronic warrants; the police don't have to go anywhere, they just submit a request via their in-car computer, a judge on the other end OKs it and sends that back to the cops. They print that out, and then go to work on your car. It's a very fast and effecient process, although I'm not sure if that's a good thing or a bad thing.
 

woowoo

Platinum Member
Feb 17, 2003
2,092
1
0
Thanks to the Patriot act
They can toss you in jail
Tow the car to the impound
Search it
Search your house
Wiretap your phone
Get your bank records
And keep you in jail for a however long they feel.

All without a warrant.
Or charges being filed.
 

Ausm

Lifer
Oct 9, 1999
25,213
14
81
Originally posted by: woowoo
Thanks to the Patriot act
They can toss you in jail
Tow the car to the impound
Search it
Search your house
Wiretap your phone
Get your bank records
And keep you in jail for a however long they feel.

All without a warrant.
Or charges being filed.



The patriot act needs a serious enema.


Ausm
 

clamum

Lifer
Feb 13, 2003
26,256
406
126
You can deny a search of your car but they'll probably just get a dog and search anyways.
 

Aharami

Lifer
Aug 31, 2001
21,205
165
106
Originally posted by: woowoo
Thanks to the Patriot act
They can toss you in jail
Tow the car to the impound
Search it
Search your house
Wiretap your phone
Get your bank records
And keep you in jail for a however long they feel.

All without a warrant.
Or charges being filed.

hah. i was just gonna say something about the patriot act. but i see its been covered already :)
 

TheLonelyPhoenix

Diamond Member
Feb 15, 2004
5,594
1
0
They need probable cause to search your car, or your person, or anything else. And yeah, a drug dog going nuts around your car is probable cause.
 

woowoo

Platinum Member
Feb 17, 2003
2,092
1
0
Originally posted by: TheLonelyPhoenix
They need probable cause to search your car, or your person, or anything else. And yeah, a drug dog going nuts around your car is probable cause.

No...
No they don't
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: woowoo
Thanks to the Patriot act
They can toss you in jail
Tow the car to the impound
Search it
Search your house
Wiretap your phone
Get your bank records
And keep you in jail for a however long they feel.

All without a warrant.
Or charges being filed.

I was talking with a friend who is a history buff. We had a long talk (with beer!) about what the founding fathers would think of the US today. With the great patriot act and crap like DMCA etc.

When you have corprations that have more rights then the people and acting as officers of the law.