what happens if you tell a cop you they cant search your car?

Question

I watch cops and they always ask "would you mind if I search your car" they (the suspect) say yes and then they find drugs.Why not say no?

Answer 1

I was pulled over several years ago, when I was younger, early 20s. It was a state trooper and he wasn't very nice anyway. He told me I had to come sit in his car while he wrote out my ticket. I did that and while he was writting me the ticket and I was in his car, he kept asking questions about where I'm coming from, what did I do earlier today or last night. I didn't understand the meaning of it and he finally said he had reason to believe I had been drinking. I said that I haven't drank in several weeks and sure as hell wasn't drinking now. He said he could smell it all over me and he wasn't stupid and been doing this a long time... blah blah. He continued to grill me about drinking and said he knew I had been. He then asked to search my car. By this point I was really frustrated and mad. I told him no because I hadn't been drinking there for he couldn't smell it. He then said that it didn't matter what I said, he had probable cause because he could smell it on me. He then told me to stay in his car and wait while he searched (which I felt was really stupid, I could have done a lot of things left alone in a police car!). First thing he did was smell and pour out my drink I had (it was a pop I bought that was in a to-go cup). Then he went through everything, including my trunk and found nothing. He then came back and said he didn't find anything and continued to call me a liar!! He said that he was going to let me go but in all honesty should take me in to get a breath test. But since he found no alcohol in the car he would let it be. That was very frustrating and in my expereince, they will find a way whether if it's the truth or not. They can say they smell whatever on you, it's your word against theirs.

Answer 2

If you tell a police officer that he/she cannot search your car, then the only way they can legally conduct a search is to get a warrant, and in order to get a warrant they'd have to have probable cause. The police always try to get your consent first because it's easier than getting a warrant, and if you're reluctant to let them search they'll try to twist your arm by saying something to the effect of "Hey, if you've got nothing to hide, why not let me search?" or "If you won't let me search that makes you look guilty." Not only is it a crock, it's borderline coercion (which is illegal). So you should always tell police officers as politely, respectfully, and firmly as possible that you won't allow them to search your car without a warrant. But what you're dealing with when you watch a show like COPS are people who aren't very bright -- let's face it; most criminals aren't high school graduates, so they're not exactly the brightest bulbs on the tree.

Answer 3

I'm going to lower my "best answer" ratio with this, but if you are interested in the right answer to this question, read mikeysco's answer. It is the best explanation of the rights and duties of drivers and police officers in a short space that you are going to find. (I think he gives a bit more credit to judges than I would, but perhaps he has had better experiences.)

But to answer the question of why people with something to hide say yes, part of it is because people who commit crimes are, for the most part, not very smart, and they tend to believe things like if they say "no" the police officer can get a warrant anyway. A lot of people are intimidated by a police officer (and there is nothing wrong with a police officer recognizing this so long as he does not contribute to it by bullying or some such) and automatically permit the police to do what they want. Some people think that their stuff is so well hidden it won't be found.

But mostly, lack of smarts.

Answer 4

Know what? I don't know. Been a cop for 23 years and every time I see this I laugh my a** off.

I look at it this way. If you have an exceptionally good reason to toss my car than you're going to do it. Permission or not. But...better have your probable cause all lined up. Enter my car without permission and a document stating that you can and know that anything you seize from that point on is no good.

Besides...being a cop I know fully what a policeman can do and what they cannot. Apparently with people carrying/possessing dope common sense and brains don't seem to go hand in hand.

Answer 5

What _will_ happen or what _should_ happen? What will happen, more often than not, will be that the cop will do whatever he wants then lie in court if he has to about whether you consented or not. What should happen is that if the cop has no probable cause to suspect you have anything illegal is he lets you go. Most of the time they ask for consent because they don't have probable cause.

Answer 6

The suspects on the show "COPS" don't know their rights.
If a policeman pulls you over, you, by law, do not have to allow the policeman access to your vehicle. The policeman may LOOK through the window, even if you deny him the right to go INTO the car, because everything there is in "plain view". The policeman may even arrest you because he sees a weapon, drugs, or a dog sniffs drugs.in plain view (even with the doors and windows closed).
You don't -have- to talk to the policeman. You have the right to remain silent. (That's one of your "Miranda rights").

Answer 7

If they police doesn't have probable cause to search a vehicle and the person says, no. They they cannot search the car. It will make them suspicious, but that is not probable cause.

Answer 8

If you refuse, odds are that they will ask a judge for a warrant to search your car based on "probable cause", and will probably get it. Of course, that will take some time, so your car will be taken off to Police Impound for a while, and once they've gotten the warrant and searched the car, it may take a few days to get the paperwork completed to release what's left of it back to you.

Answer 9

For those who say they will get a search warrant you don't know what your talking about. To get a search warrant they need probable cause and if they have probable cause they don't need a search warrant.

Answer 10

It's called a consent search because they ask for consent. If you say no they can't search.