Can a cop search your car if you say no?

Question

ok if i get pulled over can the cop search my car, what if i say no, if cop ask me to step out of car , do i have to.....if i do get out can he still look in my car, even if i dont show any signs of drinking or doing illegal stuff whatsoever, ............also heard if a cop show up at a party can he just come in, or can i refuse entry.................

ok if i get pulled over for speeding and do not show any signs of drinking or ilegal stuff WhatSoEveR, normal as could be......can he still search........... .and if he ask me to step oout the car do i have to....how do the pigs get a warrant to search my car..........

Answer 1

They have to ask permission. If you do not give it to them, unless they have reasonable suspicion/probable cause (i.e. smell marijuana, alcohol, saw you throw an empty container out the window, see weapons, etc...), they can not search. Minor traffic violations do not qualify. If they arrest you, they are permitted to search the passenger cabin and glove box, but not your trunk, unless they have probable cause to do so (like reasons above). They need a warrant to open up any locked boxes, or at least last time I checked they did.

However, they can install GPS tracking devices on your car without your knowledge and without a warrant.

You still have rights in your car, but your right to "expected" privacy is somewhat less than, say, in your home. Where, by the way, police can now perform sneak-and-peek searches without your knowledge... in rare circumstances one would hope.

Response to OP edit: Correct, if you are just speeding, and they have no probable cause - you can refuse. A routine traffic stop/ticket is not an arrest and does not qualify a search in and of itself. However, it is in your best interest to comply with all other reasonable requests made by the officer, and to do so without resistance and in a polite manner. Being confrontational will arouse suspicion and perhaps contempt, prompting the officer to take further steps to try to pressure you.

If he asks you to step out, do it, and close the car door behind you.

Answer 2

If you tell them that you do not consent with searches then he will have to get a warrent for the search. If he does it anyways without a warrent then he broke the law of the constitution.
If you don't want cops to try to force themselves in during a party, quickly open the door get outside and close the door behind you before they can see inside. If they say something like, "What is that smell?" say that you don't know what they are talking about and you can't smell anything. If they ask to come in, clearly and politely decline. Being polite will get you farther then being aggressive trust me. If they say that the party is too loud then calm it down. The last thing you need is another visit from them, with a search warrant. I'm trying to remember everything, and this doesn't always work. But it's the best I can give you.

Answer 3

You got some good advice here so far, but no one has mentioned that if what they are looking for is "in plain sight", then they don't need your consent.

Also, as for you showing signs of drinking or other suspicious behavior, itis liekely thta your opinion and his might reasonably differ on that matter :)

No a copp can't just "come in" to a party - see the 4th amendment, but if they se hear or smell something, then that would be probably cause that a crime is being committed, and then they are free to enter.

Observing minors drinking, or even in the presence of open containers, would probably be enough to allow them in the door. After that, although there are legal protocols, if there is more going on, it can unravel quite quickly for you.

Answer 4

if you get pulled over and the police officer asks you if he/she can search your vehicle, and you refuse, than he/she cannot search your vehicle. the police officer must have probable cause to search your vehicle, and obtain a search warrant if need be...if an officer asks you to step out of the car, do so. otherwise, he/she may think you did something wrong, and the situation may get out of control. JUST DO IT!!!! on your last question, it's up to you. what do you feel?

Answer 5

the key wording is probable cause for stopping you and wanting to search your car.

legally speaking "NO" to all the above but then you bring suspicion upon yourself for non compliance

if they show up at a party you can ask why and they have usually had a complaint--cannot enter unless probable cause to do so??

Answer 6

The cop can hold you there and get a warrant to search your car. If he can see, smell or hear something illegal or that gives him probable cause then yes he can enter your car or house.

Answer 7

There are a multitude of reasons why I can search your car. I am fully aware of your 4th amendment rights and fully know that if I find something during an "illegal" search, it can not be used against you. Yes, I can enter a drinking party of minors without your consent. I am aware of the issues here also. Save yourself some trouble and just do what I say when I say it. I am NOT required to tell you my reasons for my actions. They will come up in court. Good luck!!

Answer 8

The officer has to have probable cause to search your vehicle or enter your home. The courts have granted law enforcement a lot of lee-way in this area. As long as the officer can establish that they had reasonable cause that you had an illegal substance in your possession or a crime is being committed, they can search your vehicle, or enter your home. They MUST have a reason though. Lot's of good examples below as to what that is.

Barry C said it very well in his post below. The "in plain sight" rule is key.

Answer 9

seeing as you like to use the term "pig" I'd say they'd have enough probable cause seeing as most people who use that term are slighted to law enforcement due to previous incidents and incarerations ;)

Answer 10

if ur an adult u must be friggin retarded. That is resisting arrest or failure to comply which can be a 364 day sentence. Use ur head sometimes! @&*$!