While at a Police Roadblock(they were searching for violent criminal)I was asked if I would consent to a search of vehicle(thought they meant the Trunk)They searched the trunk, found nothing,Then searche the rest of car,like they were looking for drugs...Now Ive always allowed a search of my vehicle when asked after being pulled over,because I never have anything to hide....So do I have to submit to a search or can I say no without getting into trouble?
2006-06-15 19:39:55 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
You may refuse the search. Once you give consent to search, you can repeal it at any time and the Police Officer must stop. The only time in which you have no choice is called search incident to arrest.
If they do not stop and find something it is not admissible in court. It's called "fruit of the poisonous tree" I hope this helps. Cop in Maine
2006-06-15 19:47:33 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The police were not allowed to search your car any further than an area able to conceal a person. You consented to a search based on the facts that they were looking for a person, so they can not open any part of the car that could not hide a person, and if they would of found lets say drugs in a duffle bag, it would of been thrown out of court. Any attorney would get you off. Any time during the search you can ask them to stop, and they can do nothing except get a search warrant and look further. They will need probable cause to get the search warrant, and in this case they did not have it, and the warrant would be refused. It goes along the same lines as if you were brought in for questioning for a crime, and you agree to answer without a lawyer, at anytime you can envoke your Constitutional right to a lawyer, and they have to stop asking you questions. Even with a search warrant, they can only search what the warrant specifies, so if you denied them all together to search, and they got a warrant from a judge to search for a person in your car, they still could not open that duffle bag, b/c it could not fit a person. If drugs were in plain view, lets say just a kilo sitting in the truck uncovered, they could arrest you onit, b/c they didnt go looking for it, but it was unavoidable once they opened the trunk. As a Border Patrol agent we can go further b/c we have actually founnd bodies in the by opening the glove box, where a man was concealed inside the dash, alsohave had people inside seats.
2006-06-15 19:52:48 · answer #2 · answered by vincenzo445 4 · 0⤊ 0⤋
You are under no obligation to submit to a search without a warrant. If they search anyway, then anything they find can be suppressed under the "fruit of the poisonous tree" doctrine. They can use a dog which can be a basis for a probable cause search. They can obtain a warrant if they can show probable cause, but depending on how long they hold you and for what type of probable cause can be used in court as a defense.
Don't let anyone BS you by using the old line "if you don't have anything to hide". Your rights were written not for the convenience of the police, they were written to protect you from government intrusion. The cops cannot use your refusal as a basis for probable cause. If you don't feel comfortable with the search for any reason, refuse it.
2006-06-16 04:48:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'm not a police officer, but am a well imformed individual who knows my legal rights. I also know that the cops will lie to you and tell you yes, you must consent to whatever they want you to do so asking the cops won't get you the true answer, neccessarily. I'm also not sure if this law is a state or federal law, I'm in California. Without a warant, cops can only search your vehicle/ house/self with your consent. If you were pulled over for a traffic violation, a police officer can only search the car with probable cause & only within the reach of the driver. Anytime you are asked for consent, you can decline.
2006-06-15 19:53:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Do you refuse a search of your car at a roadblock ? It's a bad idea they are looking for something and in your case they may never find it but they are looking. If you refuse they may consider that just cause and search anyway the bottom line your fate is far better if they are looking for a rapist and you have a bag a weed ? Chances are they'll let you go. Most Roadblocks have a goal and it's not to snag a bag of weed. If police set a roadblock they have intent and I really doubt it's to snag a bag of weed but if you got nothing, don't challenge it's not worth it. It's not worth it you can't win in court, if they find something. If you have nothing don't challenge them get out and let them look. The probably cause clause is a hard to refute if you have nothing to hide then let them look. If they are looking for a rapist and snag dope you need not fret a good laywer can have it tossed out on just such a technicality. Under unlawfull search and seizure but most don't do that. We all know a perp can't hide under your seat or in your jockey box the ones who press are fools. Most will smile and wave you through with a "mam" or "sir". Those who know the laws will but we have those who don't.
2006-06-16 00:34:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
NOPE!!!!! You don't ever have to consent to a search unless the Police Officer can prove beyond a reasonable doubt that they saw something in plain view like drugs or even paraphernalia, then he would have to go to court and bring that evidence. Otherwise you do not ever ever have to consent to such a thing ever!!! Remember your rights! They bank on the fact that most people will consent and are unaware of their rights. And it works, look what they pulled on you and many many unsuspecting other people out there. I just graduated with my AA in Administration of Justice and did just so I could learn the laws better, I'm glad i did, i leaned allot. Hope I was of some help. Remember what I said.
2006-06-15 19:49:31 · answer #6 · answered by soniaatcalifornia 5 · 0⤊ 0⤋
in case your pal has executed prank calls till now impersonating a police officer and the police understand it, it will be a touch confusing on your pal to describe that he's not area of yet another prank call. that is the total crying wolf component. Your pal also ought to be careful about affirming he's 17, by way of the indisputable fact that isn't any longer a loose bypass. that is close to to the legal age. someone of that age could understand more desirable suitable no longer to make prank calls. Your pal should be seen fortunate to are turning out to be off with purely a verbal caution. this should be a lesson discovered so as that he can straighten up and fly top.
2016-10-30 23:43:58 · answer #7 · answered by ? 4 · 0⤊ 0⤋
There are two things you need to remember one is reasonable suspicion and the other is probable cause. We need these things in order to search unless I see something illegal in plain sight. Also if your being arrested the car can be searched, other than that you have the right to say no.
Deputy in NC
2006-06-16 10:33:03 · answer #8 · answered by M 1 · 0⤊ 0⤋
I would just allow them to search the car, if you have nothing to hide. If you say no to a search, I've heard they can call in the canine unit, to search your car, and if the dog "hits" on something, then they have probable cause to search. Youll just be wasting time, and probably look suspicious if you say no.
2006-06-15 19:47:36 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The reason they ask is they have to get permission to search. If you say no, they can't search without reasonable cause.
2006-06-15 19:43:55 · answer #10 · answered by Anonymous · 0⤊ 0⤋