What happens? Can they search it anyway? I watch a lot of COPS on TV and the people always answer "yes" when asked that question...for the first time I saw someone answer "no" and they searched the car anyway...I think they must have found something on his person maybe..I don't Know...
2007-08-06 05:58:18 · 16 answers · asked by That Guy 3 in Politics & Government ➔ Law Enforcement & Police
To all the so called Police officers and retired police officers that answer these questions. When you give out advice please give accurate advice. A narcotic dog can be brought out to search the exterior of a vehicle as long as it is stopped for a legal reason (the driver and occupants can not be delayed for an unreasonable amout of time to get a K9 to the scene). It's called the "Free Air Doctrine". If the dog alerts it does not give the officers the right to search the vehicle. If the K9 does alert the officer has two options. #1 ask if he can have consent to search the vehicle or #2 detain the subject and obtain a warrant. Note if a explosive detection K9 makes a positive alert then in the interest of public safety a warantless search is allowed. As for the interiors of vehicles there is the "Plain View Doctrine". If an officer observes contraband, weapons etc. in plain view then he can retrieve those items without a warrant.
2007-08-06 08:12:46 · answer #1 · answered by bcre8iv 3 · 0⤊ 3⤋
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2016-08-30 11:23:20 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Police can only search a vehicle when they have 'probable cause' to perform a search. If you are a minor, they only have to have 'reasonable suspicion'. The difference is that probable cause is a stricter requirement requiring well documented cause, while reasonable suspicion can be as little as deduced hunch. If you decline a search request, the officers can phone a supervisor and request a special warrant from judge. Without this warrant and/or probable cause, your 4th ammendment rights are being violated. This violation happens all the time. Usually any evidence seized is tossed out in court. Unfortunately the only way to rectify this violation of rights is to do so in a court of law. If you are interested in more of this review the 4th and 5th ammendments of the constitution. Just because they are violated in a stop doesn't mean that the action/search will be upheld in court. You also have the right to request that a shift supervisor be present for the search!
2007-08-06 06:19:50 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Do a search on the question car searches on answers. People have asked this question numerous, numerous times. Just ignore the answers from wanna-be lawyers, cop haters and such. Google the court cases on searches on vehicle searches.
2007-08-06 08:16:27 · answer #4 · answered by woodyhou 4 · 0⤊ 1⤋
Legally they are not allowed to search if you say no. They would not ask if they already had probable cause because if they had that they would not have to ask permission. Their tactic when the person says no is usually to apply some sort of psyco-pressure on the person to get them to admit to the search or say something they can construe as probable cause.
2007-08-06 06:07:46 · answer #5 · answered by Sane 6 · 1⤊ 0⤋
If you are pulled over for something they can arrest you for, they have all the right they need. Sometimes they ask just to see what you would say or how you say it. If you tell them no, they will try to stall you and make you waste a lot of time until you finally do give in. If you do not want them to search, don't let them. It is VERY hard to get a warrant, if they tell you they will get one, call them on the bluff. If they bring a dog, it can't enter your car either.
2007-08-06 06:04:18 · answer #6 · answered by Anonymous · 1⤊ 2⤋
If some contraband is found on the person, or seen in plain sight, they don't need your permission. If nothing is found on you or in plain sight, and you say "No", then they will call for a drug-sniffer dog, and if it alerts to the presence of drugs, they can search without your permission. If you have nothing to hide, why say No ?
2007-08-06 06:03:00 · answer #7 · answered by stephen p 4 · 1⤊ 1⤋
Someone can say no, and that counts are not giving consent.
There are many specific rules that apply to when the police can search without consent -- so, it's not a simple yes or no.
But if you do not consent, and the search is later determined to have been unauthorized -- then nothing found is usable as evidence against you.
2007-08-06 06:01:37 · answer #8 · answered by coragryph 7 · 3⤊ 3⤋
It all boils down to probable cause.
The police can search your vehicle if they have probable cause in the following cases:
-smell drugs or alcohol
-you are acting nervous
-see anything illegal
2007-08-06 06:02:39 · answer #9 · answered by infobrokernate 6 · 3⤊ 1⤋
If something is visible in the car that is illegal, they can search the car even if you say no.
2007-08-06 06:01:55 · answer #10 · answered by ♥ ♥Be Happi♥ ♥ 6 · 4⤊ 0⤋