even if he then requests your permission to search your car?
2007-02-11 02:56:11 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
You're free to go when he TELLS you you're free to go.
He can search your car even if you don't give your permission - in fact, if you don't give permission, he is absolutely going to search it.
Driving is a priveledge - not a right. You are not protected by fourth ammendment rights in your car.
2007-02-11 02:59:55 · answer #1 · answered by Anonymous · 0⤊ 1⤋
If he says I am not writing you a ticket and you are free to go...then you are free to go and may politely say ..I'm sorry and dont want to be rude but I really must leave now.
But here's the thing. Unlike old Sgt. here tries to make you believe how you must preserve your rights. Im going to tell you how it works. One of many exceptions to the warrant requirement is called the Carroll Doctrine. Meaning cars are exempt from needing a warrant as long as probable cause exists. The other exemptions include furtive actions supporting search for weapons (Terry search), search incident to arrest, inventory search, exigent circumstances, and k-9 alert.
So if Ofc. Friendly stops you and asks you to search your car you have a right to decline. However Ofc. Friendly who had a "gut" feeling about you now has you in his sights and remembers this incident. Remember you can be arrested for any ordinance violation and any violation of state laws.
So the next time he sees you and you don't have a seat belt on, he can if he choses take you to jail. As part of the arrest he gets to search you and your vehicle. You have now become a target of suspicion.
Don't carry illegal items, don't use dope, and don't hang out with thugs. That way if an officer for some reason has a misconception about you, invite him to search as you have nothing to hide.
There are many ways to skin a cat
2007-02-11 11:12:13 · answer #2 · answered by mktk401 4 · 0⤊ 0⤋
Well he can say that but if you give permission and he finds something, that will all change.
BTW, If an officer asks you " Do you mind if I search your car?" Don't say yes and don't say no. It is a trick question and the answer can be interpreted either way. Better to say " I do not want you to search my car."
2007-02-11 11:01:50 · answer #3 · answered by Nancy O 3 · 2⤊ 0⤋
Yes you are free to go, you do not have to give him permission to search your vehicle. He can ask, but the law says you have to feel that you are free to go before he can ask if he can search your car.
Also the Officer can have a canine walk around your vehicle but he has a 15 minute time limit to do this and cannot hold you beyond this.
2007-02-12 01:17:10 · answer #4 · answered by WhatTF 2 · 0⤊ 0⤋
Ask him if you are free to go.
And he cannot search your car without permission unless he has a warrant, or in some states, a "reasonable cause" (like if he smells pot coming from your car). I would not ever give permission for a cop to search my car, no matter what.
2007-02-11 11:04:39 · answer #5 · answered by Venin_Noir 3 · 1⤊ 0⤋
While you are under the control of the officer you are being detained and are not permitted to leave.
If an officer requests to search your vehicle and you refuse, he's not permitted to search. If he proceeds and finds something illegal, the evidence is inadmissible in court.
Don't ever give up your rights and permit the search, even if you have nothing to hide.
2007-02-11 11:08:58 · answer #6 · answered by Sgt 524 5 · 1⤊ 1⤋
you don't have to let him search your car however he does have the right to call a k-9 to your car and can hold you there for 60 minutes according to case law. if he has probable cause to search your car it doesn't matter what you think of him searching your car if you don't have anything to hide if you let him search if you don't he will think you are hiding something.
2007-02-11 22:21:44 · answer #7 · answered by joey529558 1 · 0⤊ 0⤋
I always refuse a search, even though I don't have anything to hide. I trust very few cops.
2007-02-15 08:05:30 · answer #8 · answered by curtis_lloyd2002 2 · 0⤊ 0⤋
NNNOOOOO if he did not have probable cause then he should have not even fkd with you they over step there boundaries to much because we do not know the laws .but ignorance of the laws are our fault never let them search your car without a search warrant PLEASE!!!! PLEASE!!!
2007-02-11 11:22:06 · answer #9 · answered by JAYHAWKER 2 · 0⤊ 1⤋
watch this video.... it's kinda long, but very helpful.... especially the first scenario. http://video.google.com/videoplay?docid=8520847761350501823&q=how+to+avoid+being+arrested
2007-02-11 11:17:05 · answer #10 · answered by Emily H 5 · 0⤊ 0⤋