What happens if I don't give consent for the police to search my car at a regular traffic stop (speeding, blowing a stop sign, etc...)? In the past (& when I was younger), I've been arrested for possession of marijuana because either I admitted to having it in my car or let them search because I figured they'd just get a K-9 anyway. Now that I no longer smoke & no longer have anything illegal in my car, next time I'm asked I will NOT consent to a search. Will this piss the police off? Will they end up giving me a ticket whereas if I had cooperated, I might have only ended up with a warning? I don't plan on being rude, I just won't consent to a search of my vehicle & since there will be nothing illegal, I don't care if they get a K-9. (Hopefully I won't get pulled over, but, I was just wondering, what if...)
2007-01-12 04:48:05 · 19 answers · asked by Red 4 in Politics & Government ➔ Law Enforcement & Police
I'd refuse just because at this point in my life, I have nothing to hide. In the past, I never had the option of refusing a search, since I usually had weed either on me or in the car.
2007-01-12 05:08:23 · update #1
Are past arrests for possession of marijuana probable cause?
2007-01-12 05:08:59 · update #2
Calm down cg23sailor... If I have a right to refuse the search, how is that a personal attack on the police officer or police officers in general. They have a job to do, I understand that. I, as a tax-paying US citizen, have rights I'd like to exercise. They should understand that.
2007-01-12 05:59:51 · update #3
It depends on the cop. It's against code of conduct for police officers to use their authority to retaliate, but you'd really have no recourse for such retaliation. Sure, it'd be satisfying to have them call in the dogs just to find nothing, but if it doesn't hurt you to consent, then consent. Chances are you'll be better off. He/she may even find something else to charge you with if he/she thinks you're just being cocky -- which he/she may, regardless of how you handled yourself. A lot of times officers will pull you over for anything in an attempt to get something from a "plain view search."
UPDATE: Past arrests do not give the officer probable cause to search.
2007-01-12 04:54:08 · answer #1 · answered by Mickey Mouse Spears 7 · 2⤊ 0⤋
There is "being within your rights"
and there's "Being an idiot"
Most people with half a brain will cooperate with officers if they are honest citizens with nothing to hide (as you claim to be). Yes they have a right to refuse, but why do so. People who refuse are one of two types.
A) Criminals that are hiding something
B) Idiots who are looking for trouble and think they are one-upping the police.
oh I forgot the third type...
C) Both A and B.
If you refuse the search, most officers will suspect you are a criminal hiding something. (They will already know you are an idiot looking for trouble.)
Now when an Officer gives you a ticket rather than a warning. or holds you pending a K-9 unit to show up, That is not harrassment. that is the officer doing his job. The Police's job is first and foremost getting criminals and illegal weapons and drugs off the street. You start acting guilty. you better believe the cop is going to take a closer look at you. This means you will be held up longer rather than getting sent on your way. Trust me. the cop is NOT holding you up because he likes your witty personality.
At least in Texas (I dont know about other states) When a Cop gives you a ticket or a warning, Thats just two of his possible choices. Arrest is the other. Yes you silly little people who think its funny to piss off a cop. You can get arrested for failure to signal a lane change. Go Directly to jail. do not pass go, do not collect $200. ( The only two rtaffic violation that you cannot be arrested for is speeding and Open container. EVERYTHING ELSE you can be arrested. Most cops won't. Cops HATE paperwork. and arrests are paperwork out the wazoo. But you keep pushing his buttons talking about how you will have his badge. etc... You will talk your way right out of that warning and even a ticket and go right to jail.
Police abusing their authority to get back at you?
NOPE. Its exactly what the law says they can do. the choice of Warning/Ticket/Arrest, belongs to that nice officer you just pissed off.
So exercise your right to refuse. go ahead. you are perfectly allowed to do so. but ask yourself why are you? what do you have to gain in doing so? NOTHING. Just being rude and uncooperative is all.
Remember this: A traffic stop is one of the MOST DANGEROUS situations a cop faces. and the most common. The car he pulls over for speeding. could be Soccer Mom late to pick up her kids, Or a Psycho killer on the run from his latest murder.
Also about exercising your rights. Put it this way....
You have every right to carry a gun on your own property. perfectly legal.
But when your neighbor starts patrolling his yard with a shotgun and your children are playing in the front yard...
"Who ya gonna call?!?"
2007-01-12 13:45:41 · answer #2 · answered by CG-23 Sailor 6 · 0⤊ 1⤋
I have always wondered that myself. I've been arrested for possesion when i was 18. haven't been in trouble since then sober for 7 years. I would not want a cop search my car either even though I have nothing illegal on me some cops do get pissed off like I'm trying to hide something even though I have the right to say no to him (he asked for me consent to search the car) maybe its because I look like Scott Ian. Let me know what happens next time you get pulled over cause I havent been stopped and asked if they can search the car.
Oh yeah to cg23sailor who said this, you are a retard.
"Most people with half a brain will cooperate with officers if they are honest citizens with nothing to hide (as you claim to be). Yes they have a right to refuse, but why do so. People who refuse are one of two types.
A) Criminals that are hiding something
B) Idiots who are looking for trouble and think they are one-upping the police."
and "So exercise your right to refuse. go ahead. you are perfectly allowed to do so. but ask yourself why are you? what do you have to gain in doing so? Nothing"
So people who want their rights upheld are idiotic criminals? I have the right to refuse, so I'm gonna use my rights to make sure I keep what little freedom we have left thank you. And what do we gain in not refuseing the cop? A bunch of cops who think they are the Law and are above the laws of justice
2007-01-15 03:21:40 · answer #3 · answered by booma212 2 · 1⤊ 0⤋
Past conviction for marijuana possession does not constitute probable cause to search your vehicle.
You do have an absolute right to refuse a search of your vehicle, and I would recommend that you do refuse, whether you have something to hide or not
While the police have a job to do, and I support them in that, the right of the people to be free from unwarranted search is a basic civil right.
2007-01-12 15:50:50 · answer #4 · answered by huduuluv 5 · 1⤊ 0⤋
Unfortunately, police have a wide degree of discretion in whether to give a ticket or a warning. That may result in a ticket instead of a warning if the police officer is on a fishing expedition. Still, I would NOT consent to a search of my vehicle. It's a bit idealistic but we should not be penalized for maintaining our constitutional rights.
2007-01-12 12:58:32 · answer #5 · answered by SA Writer 6 · 1⤊ 0⤋
No, you do not have to give them consent to search your car. Unless he/she has a reason to do so (such as seeing drugs/drug paraphanalia, a bloody knife, a gun, all of which must be in plain view), a police officer who pulls you over for speeding (or any other traffic violation) can ask for your consent, but doesn't have the authority to search without that consent.
2007-01-12 12:53:53 · answer #6 · answered by cpl3043usmc 2 · 0⤊ 0⤋
I got stopped yesterday for no seatbelts. After they stopped me I realized I had no proof of insurance, I was in my gf's car and with her brother. I had pain med's that are prescribed to me and I consented to a search and was very polit and coopertive in every way and got out of 2 tickets, so the choice is yours and no they can't search you just because of a past charge, thats not reasonable cause. There has also been alot of drug activity in the neighborhood I was in so I didn't take it to heart. The guys are just trying to do their jobs and alot of criminals are caught by their procedures.
2007-01-12 13:26:06 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Now that you have nothing to worry about, you WANT them to search your car.
If you get pulled over for running a red light or speeding and they ask to search the car, only agree to it if they give you a warning instead of a ticket for the infraction, when they find nothing in the car. If they say no, take your ticket and tell them to screw off.
2007-01-12 12:53:26 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Even though you are 'Clean", if they feel that they have a valid reason to do a search, I would think that if you refused that they would find a reason to impound your car or make it allot tougher for you to just drive away from the scene if they still have suspicions.
2007-01-12 13:32:44 · answer #9 · answered by Trevor T 2 · 0⤊ 0⤋
It is your right to say no, but if you have nothing to hide why create a mountain out of a molehill. It is not worth the aggrevation and time it will go to search the vehicle.
2007-01-12 12:57:37 · answer #10 · answered by Anonymous · 1⤊ 0⤋