Law Question.

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HannibalX

Diamond Member
May 12, 2000
9,359
2
0
The best response to give is:

"You do not have my permission to search my car. I insist that you do not search my car. I will not try to stop you if you do."
 

skywhr

Diamond Member
Oct 30, 2000
3,866
1
0
they cant search your car without your consent unless they have probable cause or a warrant
after you say no what happens depends on how much of an ahole they are, I guess saying no is enough cause to make them suspicious?


"Well see how smart you are when the K-9's come"
 

runzwithsizorz

Diamond Member
Jan 24, 2002
3,497
14
76
Originally posted by: Kroze
Originally posted by: Twista
If a cop asks to search your car while he/she has your pulled over. If i say, "sir no disrespect i rather you not search my car."

What happens after that?

Ya, i know if you have nothing to hide than just let them search.


when he ask to search your car, just say "do you have probable cause?"

Sooo, a wise guy huh? Well son, What we got heah, is a fail-yah to communicate! The beatings will continue, until yer attitude improves.
 

HannibalX

Diamond Member
May 12, 2000
9,359
2
0
Originally posted by: Cogman

Excellent video. After watching that your response (if any) should almost always be "I'm exercising my right to the 5th amendment"

Well, sort of. "Pleading the 5th" is for a court room when you are under oath and the government is compelling you to answer their questions. At that time if the answer to their questions would prove your guilt you do not have to answer. When you are under oath the government CAN compel you to answer questions that would not prove your guilt. If you refuse still watch the Judge lock you up until you talk.

As for just being on the street, well, you don't have to answer any questions from any government agent, period. If you refuse to identify yourself you may be arrested and held for 24 hours until your identity can be proven though. If they haven't charged you with a crime in that time and still can't prove who you are they will turn you lose.
 

Fenixgoon

Lifer
Jun 30, 2003
33,275
12,838
136
Originally posted by: RKS
Originally posted by: JEDI
Originally posted by: Twista
If a cop asks to search your car while he/she has your pulled over. If i say, "sir no disrespect i rather you not search my car."

What happens after that?

Ya, i know if you have nothing to hide than just let them search.

they'll call in for a paperless search warrent. reason: they have suspicion that u r hiding something.

in other words, asking is just a formality

a warrant has to specify what they are looking for. no judge is going to issue a warrant without specifics over the phone. i know there were some special dui checkpoints set over Memorial Day that if you refused a field sobriety test that a paperless warrant was issued to get an immediate blood sample.

Usually reasonable cause, inventory when towing/impounding, or an arrest are the main reasons for vehicle searches. you can refuse a search but a leo can still hold you for a reasonable time if they want to bring out the drug dog.

in Maryland, when you get your license, you agree to take an automatic breathalyzer test if pulled over under suspicion of DUI. refusal means an automatic arrest, i think. i'll have to double check the law, but i *know* there is some form of penalty for refusal.

damn, this still is more ridiculous every time i think about it.