let them go without searching them.
2007-10-09 06:22:08 · 10 answers · asked by The Angry Stick Man 6 in Politics & Government ➔ Law Enforcement & Police
no.normally if you refuse a search they consider that a reason they should search.they want to know what your trying to hide.
2007-10-09 06:26:44 · answer #1 · answered by katdandawn 4 · 1⤊ 6⤋
That is an awfully general question so it gets a general answer.
It depends entirely on the situation. I have let lots of people go who so no to a search, but I have also not let a lot of people go. I ask for permission every time, even when I have a legal right to search. It is just what I do. If there is no way I can articulate a legal reason to search someone and I am just asking because they have given me a "gut instinct" reason to suspect them (but not a legal reason to do it) then I let them go.
There are other times when you just "know" someone is dirty and you do the search anyway. It won't stand up in court but that doesn't make them any less guilty. Under that circumstance, about half the time I end up tossing or destroying whatever is found as no Sgt will approve the arrest because I had no legal grounds to search them.
It really depends on the specific situation you are referring to......
2007-10-09 06:31:25 · answer #2 · answered by Rottluver 4 · 3⤊ 0⤋
If they refuse and the cop has no other probable cause, he has to let you go. If it the person themselves that doesn't want to be searched...that is a little different.
From the Supreme's ruling in Terry vs. Ohio an officer is allowed to perform a pat down search of the outer garments of a person to determine if there are any weapons on them for the officer's safety and cannot be resisted. Any resistance will probably get a pistol screwed into your ear and a lot of shouting.
If it is a vehicle you are referring to, you can refuse. If there is no other PC for the cop then he has to end the confrontation and let you go. Usually there is a K9 available and would be called in case of a refusal. The K9 alerting on any part of the vehicle or you will give them PC to search.
2007-10-09 07:05:21 · answer #3 · answered by Charlie Fingers 4 · 2⤊ 0⤋
THIS QUESTION BOILS ON THE PREMISE OF PROBABLE CAUSE AGAIN.
THE OFFICER HAS WHAT IS KNOW AS DISCRETIONARY ARREST POWERS
S/HE HAS THE POWER TO ARREST, DETAIN, STOP, FRISK.
ALSO CAN ARREST, DETAIN, QUESTION.
YOU HAVE THE RIGHT TO REFUSE AND ASK FOR AN ATTORNEY.
IT IS NOT COMMON BUT IT HAS BEEN DONE AND I HAVE DONE IT,BUT; I NOW KNOW WHO YOU ARE, WHERE YOU LIVE AND CAN RUN A BETTER CHECK ON YOU AND WHAT I WANT TO KNOW MORE ABOUT YOU AFTER YOU THINK YOUR FREE AND GONE.
WHEN I STOP SOMEONE I IMPEDE THERE FREEDOM TO MOBILITY AND THUS RUN A RISK OF VIOLATING YOUR RIGHT TO FREEDOM OF MOVEMENT AND A FALSE ARREST BY DETAINMENT. EASY TO GET INFO-COMPUTER IN CAR DOWN OR BACKED UP SO FILL OUT INFO AND MOVE ON LATER WITH WHAT I WANT TO FIND OUT ABOUT YOU AND YOUR PAST IF YOU HAVE ANY.
2007-10-09 07:25:53 · answer #4 · answered by ahsoasho2u2 7 · 1⤊ 0⤋
In Terry vs Ohio the cops can pat you down for weapons ect prior to talking to you.The cannot dig around in your pockets without probable cause.
2007-10-09 06:28:16 · answer #5 · answered by danp 3 · 3⤊ 0⤋
Sure.
They can ask for a search whenever they want. If you say no, and they don't have probable cause, then they have no basis to hold you or do the search.
That does't mean they might not keep investigating and find probable cause, which means they could get a warrant for next time.
2007-10-09 06:28:10 · answer #6 · answered by Barry C 7 · 4⤊ 1⤋
no it is not common if a persons refuses to let the cop search the car they will call in a drug dog
2007-10-09 06:27:52 · answer #7 · answered by Anonymous · 1⤊ 3⤋
Depends, If I REALLY want to search your Vehicle, I'll call a canine.....if he doesn't alert to anything, then you'll be on your way.....
2007-10-09 11:05:30 · answer #8 · answered by gonzo735 2 · 1⤊ 0⤋
Not unless they just don't want to continue chasing you? How fast were you running away from them anyway?
2007-10-09 07:39:39 · answer #9 · answered by the_wandering_critic 1 · 0⤊ 1⤋
No, this never happens.
2007-10-10 00:48:11 · answer #10 · answered by WC 7 · 0⤊ 0⤋