well no...u can always deny havin it searched....however if they have probable cause then they can search ur cr
2007-01-25 08:42:13
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answer #1
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answered by Anonymous
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You have the right to say no. The only problem with saying no is that a 5 minute delay for a traffic stop will become hours because then if they suspect you of something, they must get a warrant to search your car, which may take a couple of hours, then when they do search, that will not be fun, they will tear your car apart, taking a few more hours, not to mention towing it(at your cost). If you have nothing to hide, you should feel confident in allowing a search but to be honest, I have never allowed a search when asked(twice) and after a few minutes, I was on my way. Entirely up to you whether to give permission but be prepared for trouble if you don't. By the way, you will not be arrested for saying no, you will be detained for your safety which is basically the same thing except that you can leave, at which point they will arrest you. Catch 22.
2007-01-25 06:17:15
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answer #2
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answered by Bob D 6
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Cops ask you for consent, and if you do not consent, then the only other way a cop can search your car is if he has probable cause. Also, there is the plain view doctrine, which allows a cop to search you and your vehicle if he See's something illegal in plain sight (i.e. walks up to your car and see's drugs in the back seat). Also, a police officer is allowed to have you exit your vehicle at any point during a traffic stop. An officer also has the right to search you for his and your safety.
To answer you question, no, they cannot arrest you if you do not give them consent, when they do ask, it's usually because they don't have any other reason to search it.
However, some conditions do apply and it could vary from state to state.
Hope that was helpful.
2007-01-25 06:38:26
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answer #3
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answered by bAsic LiFE 3
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First, they do not need a warrant to search your car, if they have probable cause to believe that there is contraband inside. There is an exception to the warrant requirement for vehicles. If they have probable cause, then can search, and need not tell you what that probable cause is.
Second, if they do not have probable cause to search, then they cannot do so absent your consent. If you consent, it does not matter whether there was probable cause.
Third, if you do not consent, you cannot be arrested for that alone.
Here is my car search story. My first car was a 1958 Chevy Bel Aire. When I junked it in about 1967, I cleaned it out and found an empty vodka bottle under the front seat. I would have had a hard time explaining that had it been found. So my advice in such situtations is when asked for permission to search, politely say no. If the officer searches anyway, keep your mouth shut and stay out of the way.
2007-01-25 08:48:38
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answer #4
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answered by Anonymous
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Police may search your car for the following reason:
1. Incident to arrest.
2. Consent from the driver.
3. Inventory and safe keeping(towed vehicle.)
4. Probable cause that the vehicle contains fruits of a crime.
You can deny an officer consent to search. Unless the officer truly believes that you are hiding something there is not much he can do. But if, for example, he suspects there is narcotics in the vehicle he may call a K-9 unit and when the dog makes a "hit" there is now probable cause to go in the car.
2007-01-25 06:41:38
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answer #5
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answered by jared 2
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They can ask for a consent search, if you say no, it's no. If they look into your car, which they can do, and find anything suspect, they can call for a warrant and search your car. They can also search if there are exigent circumstances, meaning you would leave the scene before a warrant was obtained, but they must have some sort of reasoning to do so.
2007-01-28 13:38:07
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answer #6
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answered by Rhode Island Red 5
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If it became purely an arrest warrant for a guy or woman that used to stay at that place, that they had grounds to tug your sister over yet an arrest warrant does no longer authorize the quest of a automobile till the police had in all hazard reason to believe that the concern of the arrest warrant became hiding interior the automobile. if that they had a non-stale seek warrant for the abode, the words of that seek warrant could disguise automobiles got here upon at that area. (yet on the data as defined, i do no longer see how they might have had a valid seek warrant.) As stated by ability of yet another answer, they don't desire a seek warrant to seek the automobile yet they do choose in all hazard reason. From the few data which you have presented, they do no longer look to have in all hazard reason however the police might have a distinctive version of activities than you and your sister.
2016-11-01 06:44:31
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answer #7
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answered by ? 4
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if they have probable cause they will search it anyway. And have it towed to a station for the search and if anything is found you sure won't get off with a warning. And you will pay more that way to get your car back. If they have a reason to want to search they are probaly going to find something.
2007-01-25 06:05:36
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answer #8
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answered by popeyethesadist 5
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They need a warrant to search your car. So no the police can't search your car just because they feel like it.
2007-01-25 06:19:21
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answer #9
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answered by 420 5
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They have to have probable cause before they search your car. If you were pulled over because you were weaving or speeding...this could be enough probable cause to have your car searched. They don't have to ask permission if they have probable cause.
2007-01-25 06:03:44
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answer #10
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answered by foxiegixxergurl2004 3
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It depends on the state. Here in Florida there is not such thing as probable cause. If they think you dress funny, then can toss your car. Heck, I have had my car stripped by the cops because they thought drugs were in it when I had just parked in a parking lot to get a coolata from Dunkin Donuts - they pulled out the carpeting and everything and threatened to shoot me dead if I came close to them while they were doing it.
So just make sure you dont have anything illegal on you or in your car - ever.
2007-01-25 06:06:32
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answer #11
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answered by MrKnowItAll 6
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