No. If a cop asks your permission to search you or your property, you are under no obligation to consent to his/her request.
The only reason why the officer is even asking is because they don’t have enough evidence to search without your consent.
If you consent to a search request you give up one of the most important constitutional rights you have , your Fourth Amendment protection against unreasonable searches and seizures.
Some people may say " hey what the heck I have nothing to hide go ahead and search" That is their right and it is just as important as anyone elses right to deny the unreasonable rummaging through their personal property or even their very person.
How many people have heard the saying
'Use it or lose it'?
Does this apply to your constitutional rights?
I think so.
Refusing to allow a law enforcement officer to search you or your property does not give them probable cause to do so!
Refuse to be bullied.
2007-07-09 19:55:16 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
gandamack2 & gjkishere, if a individual is hiding drugs or weapons in their vehicle (and are dumb enough to be driving around at 2am) then hooray for getting the dogs in there to find the drugs and/or weapons.
My goal is not to see people who will potentially cause harm to another to get away with it!
Actually quite the opposite, I do not want to see ANYONE whether they have a badge or not harm another and I am disgusted with the fact that the police use harrasing and harmful tactics to badger and bully ANYONE.
It is not up to the police to decide who is to be protected under the constitution.
I have nothing to hide or to be ashamed of and I will not ever consent to being searched or harrased in any other way.
You are welcome.
As long as there are people paying attention to what your rights are then it will be that much more of a difficulty for them to turn America into a police union.
God bless America vs heil hitler
2007-07-09 20:32:56 · update #1
combatcop, YOU CAN NOT LEGALLY ARREST ANYONE FOR RECORDING YOU!!! Audio or otherwise unless tey are getting in the way of you performing your duty! I certainly hope the next person you come in contact with has the sense to record your actions.
TYPICAL~ I could get a telephonic warrant but by this time you have failed the attitude test to a point that I want to take up several hours of your time.
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Here you were spewing some threat about probable cause warrant.
If you are asking for consent then you do not have "PC"!!! or you wouldn't be asking!
Refusing you consent does not give you probable cause. Even here you attempt to bully.
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If I am talking to you, you have probably put yourself into a situation wherein you will probably end up in jail.
This is admitting what? You only talk to people while on the job if you are taking them to jail?
Or is this just another silly threat
2007-07-09 20:42:36 · update #2
Oh my gosh I can't help it, you are way to easy cop!
Was a GED even necessary to be sworn in where you come from?
EVERYTHING you posted was an attempt to scare some people into giving you their constitutional rights.
You aren't even clever about it, just a blatant disrespect for our American rights under the Constitution!
And you call yourself a LAW ENFORCEMENT OFFICER.
You sir are disgrace to the truly just officers of the law!
Oh and good luck with finding a judge to play your little games!
The judges are actually a little smarter than you average 9th grade education cop.
They don't usually beg for a law suit.
Silly cop di*ks are for chicks!
2007-07-09 20:52:43 · update #3
Oh my gosh I can't help it, you are way to easy cop!
Was a GED even necessary to be sworn in where you come from?
EVERYTHING you posted was an attempt to scare some people into giving you their constitutional rights.
You aren't even clever about it, just a blatant disrespect for our American rights under the Constitution!
And you call yourself a LAW ENFORCEMENT OFFICER.
You sir are disgrace to the truly just officers of the law!
Oh and good luck with finding a judge to play your little games!
The judges are actually a little smarter than you average 9th grade education cop.
They don't usually beg for a law suit.
2007-07-09 20:53:38 · update #4
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2007-07-09 20:55:26 · update #5
Actually Mr. dennisthemenace,
I assume you are refering to the answer posted by JimC.
You are incorrect, a cop does not require a phone call to show up at or on your property.
If you would have read the post you would have known he was refering to his vehicle as the property in question.
**And you car is an extention of your home! So they are legal there!**
So speak for yourself when criticising whether or not someone knows what their talking about and/or maked sense.
2007-07-10 08:52:32 · update #6
Combatcop, If you are on MY property without MY CONSENT or a warrant! I can tape yopu till the cows come home as long as i do not record your voice!, Use cameras for A==hole cops like him!
And you car is an extention of your home! So they are legal there!
I have also have your comment(as well as yahoo and thousands of others) about the attitude test and your admission of 4 hours of harrasment for not allowing an illegal search!
Typical stupid donut cruncher!
You are a public servant, not GOD!
What happened to protect and serve????
You retarded cops get caught on video doing typical bad stuff that people have been claiming for years!
Just remember cops, Things in the U.S. will get bad in the next decade and there are a lot more of the general population than there are of you!
you have been brainwashed with your own peer pressure!
I have listened to cops talk about being in the biggest "GANG" in the U.S.
I see cops myspace pages that say "YOU WERE IN CHARGE UNTIL I GOT HERE"!
Most of the police officers from the area i am from were the kids that could not stand up for themselves ion school!
The only way they get respect is to hide behind a badge!
And i can bet that you may have PC on less than 10% of your law-breaking searches!
you need to be the example instead of trying to make an example of someone!
Grow up you pathetic group!
There are some good cops, I know quite a few, but know 80% more corrupt cops!
You need to check your motives! You have a "them against us" attitude! and "them" is the public you serve!
We need police, but the training and attitude of the police force of today is pathetic!
2007-07-09 21:06:59 · answer #1 · answered by jim c 4 · 1⤊ 1⤋
You and most the answerer's here are correct. You have the right to refuse a search. However, I never ask for one unless I have PC to write a warrant. It is much more convenient for me (and you) to get your consent. But if not, I can detain you, write a warrant, find a judge, get it signed and search you or your property anyway. The only difference is about 4 hours of your time. I get paid either way. I could get a telephonic warrant but by this time you have failed the attitude test to a point that I want to take up several hours of your time.
Oh and by the way, I have much better things to do with my time than "bullying" innocent, law abiding citizens like yourself. If I am talking to you, you have probably put yourself into a situation wherein you will probably end up in jail.
TO mombogumbo, please record me without my consent, I will put you in jail.
More... your refusal is not my probable cause. If you were smart enough to read my answer, I always have probable cause before asking, otherwise it is a waste of my time. However, I will take the time to write the warrant.
In Washington you must have consent (or should I dare say it..A Warrant!) form all parties involved to record someones voice. Failure to do so is a gross misdemeanor.
2007-07-09 20:30:22 · answer #2 · answered by Combatcop 5 · 0⤊ 2⤋
I do not use drugs. I was stopped by an officer in North Carolina a couple of years ago. He asked me if he could search my car and I said no. He then brought a dog out and they found nothing. I figured that causing him to waste his time on me saved someone else from being harassed needlessly. Refusing a search is nothing more than asserting your rights.
Combatcop:
Fine. When you stop me, I'll make you write that warrant. Just because you have a badge doesn't put you above the law. Entirely too many police officers like to bully law abiding citizens. While you're messing with me, you won't be annoying someone else. I always have time to wait, depriving the officer of valuable time away from the local donut shop.
2007-07-09 20:17:23 · answer #3 · answered by Anonymous · 1⤊ 1⤋
No, refusing a search is not admitting anything. If you are asked if you can be searched, I would say no. Even though I have nothing to hide, I would make them get a warrant. And they will if they want to search. If they have this probably cause - then they will search without asking - so what's the argument.
2007-07-10 13:25:30 · answer #4 · answered by .. .this can't be good 5 · 1⤊ 0⤋
I agree. What do you have to hide..Your pride..I don't want a man touching my body. I don't do drugs and the only reason he might stop me is because driving a little too fast. I don't drink either. If he touched me I would feel violated..Just like any man touching me.. I believe some people aren't aware of the law so this really shows people they do have their rights. If you are ignorant then you can be taken advance of RIGHT???
2007-07-10 00:13:05 · answer #5 · answered by ddcc 2 · 1⤊ 0⤋
No its an Admission of sanity
You should never allow a police officer to search your car. GUILTY or NOT.
1. Start recording the conversation immediately (cellphone).
2. Ask him to state his full name and plate.
3. Call your attorney immediately.
4. Consent = no evidence = deny him in every case.
5. If the officer violated any laws concerning your situation make a complaint to Internal Affairs ALWAYS.
2007-07-09 20:04:11 · answer #6 · answered by Anonymous · 2⤊ 2⤋
for all the space you took up, you said a whole bunch of nothin. Law is not your game. Why did they show up on Private Property in the 1st place? Somebody had to call........
2007-07-10 05:39:36 · answer #7 · answered by DennistheMenace 7 · 0⤊ 1⤋
this is waaay too open a question to be answered easily....there are too many variables and situations...on the roadside at 2 am,to refuse a search leaves you open for a K9 walkaround...if you arent running dope,let the guy look in your glovebox then go on home....
2007-07-09 20:00:10 · answer #8 · answered by Anonymous · 1⤊ 1⤋
IT IS YOUR RIGHT. THE CONSTITUTION IS THERE TO PROTECT US FROM TYRANNY.
You know that cops often say that the k9's gave them the sign when they did not?! That is a common tactic, it has been admitted by ex-cops who quit because they realized how they were effecting the lives of so many innocent people.
2007-07-09 20:02:19 · answer #9 · answered by Anonymous · 1⤊ 3⤋
Right you are under no obligation, freedom is a work in progress good for you
2007-07-09 19:59:31 · answer #10 · answered by Anonymous · 2⤊ 1⤋