On this page, it says you have the right to 'refuse to cooperate' with a police search.
(http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Miscellaneous_exceptions)
Where can I find the law or legal documents containing this right?
2007-01-05 08:02:17 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Of course, this right is void where search warrants are issued. If it is contained in the constitution, I need to know where.
2007-01-05 10:10:44 · update #1
The US Bill of Rights in the Constitution, Amendment #5. It's why refusing to incriminate yourself is referred to as "taking the fifth".
2007-01-05 08:04:52 · answer #1 · answered by Johnny K 2 · 1⤊ 1⤋
While Wikipedia is not where I would go first to get legal information, lets start with what is actually said there. What that author says is that the police can obtain your consent to search without telling you that you do not have to consent (for which the author uses the term "right to refuse to cooperate"). This is clearly true. On the other hand, if the police are lawfully searching, you cannot impede them.
2007-01-05 09:15:18 · answer #2 · answered by Anonymous · 2⤊ 0⤋
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The fourth amendment is the right and I seriously doubt you will get your hands on the original. You can not refuse to cooperate with a legal search. You can refuse to give consent to a police search.
2007-01-05 08:20:17 · answer #3 · answered by Judge Dredd 5 · 1⤊ 0⤋
Refusal to cooperate is limited to refusing to give your consent to search should an officer ask for consent. There are instances when an officer may legally search or may legally conduct what appears to be a search. In these instances you do not have a 'right to refuse to cooperate' in that you may not impede the search. In a case such as this your refusal to cooperate is limited to not telling an officer where he or she should look to locate the item they are searching to find. In short, you may stand their and remain silent but you may not impede or resist a legal search.
2007-01-07 02:07:06 · answer #4 · answered by deus ex machina 3 · 1⤊ 0⤋
If the Police have a warrant, you CANNOT refuse to cooperate. If you try, you will be arrested. You can refuse a request for a search, which will require the police to get a warrant.
2007-01-05 08:11:37 · answer #5 · answered by FelixtheCat 3 · 1⤊ 1⤋
What ever gave you the impression that you have any rights when it comes to the police. I grew up with,,hung out with and rode motorcycles with allot of cops in the last sixty years. They live by a double standard and the only rights a citizen has are the rights to do as the cops say.
2007-01-05 09:51:18 · answer #6 · answered by rikenelson 3 · 1⤊ 2⤋
You don't have co-operate with a legal police search if you are willing to suffer the consequence , but it is not a "Right"
The 5th amendment on self-incrimination pertains to speech.
2007-01-05 08:07:01 · answer #7 · answered by knightmare996 1 · 1⤊ 1⤋
as long as there is probable cause you do not have the right to cooperate with police. you have the right agaisnt unreasonable search.
2007-01-07 22:27:10 · answer #8 · answered by christy_lee27 2 · 0⤊ 0⤋