What are you rights during a traffic stop or search?

Question

Anyone disagree with the following advice?

http://www.flexyourrights.org/

Answer 1

considering that in some states you dont even have to have a high school diploma then this does not surprise me.. at least in Canda you actually have to have a college degree in law enforcement before they even revue your application...

Answer 2

Mainly its good advice, especially with regard to attitude.

I disagree with this part though:

Warning: If a police officer asks your permission to search, you are under no obligation to consent. The only reason he's asking you is because he doesn't have enough evidence to search without your consent.

In my department we were taught to ask for consent first regardless of whether we had any other reason to search(think incident to arrest, inventory, weapons frisk etc). So if I want to search a car, and the driver says "no", then I will move to plan B. Has the driver, or anyone in the car committed an arrestable offense-are there are reasons for me to impound the vehicle?

The two biggies are driving without a valid license and no proof of insurance, which occur in about 30-50% of my stops (Yes, I work that part of town). In these situations I have alot of discretion, I can issue a warning, write a ticket or jail the driver and impound the car.
If I really want to get in the car and the driver has refused consent, they've pushed me to take use another legal way to get into the car. If there was nothing in the car to start with, they've just screwed themselves over...resulting in a trip to county or a few $100s in impound fees.

Answer 3

I can't agree or disagree with 'this advice'. Your link does not give advice. It is a BLOG by a bunch of people that wouldn't know there rights if your READ them the Constitution.

Answer 4

Kenneth C is right. The advice on its face is okay. However, not every problem is a nail in need of a hammer. Cookie cutter advice can get you into trouble. Besides if you run into an officer like me (that knows case law way better then most people) you can get yourself in a huge hole.

Best advice ever is........obey the law.

Answer 5

Flex your rights does give some fairly accurate advice. However, some of the information is not quite correct and can get you into trouble. I would recommend reading case law yourself.

Though, their basic advice is good. If you don't want your car search, just be polite and say no.

Answer 6

do in contrast to that one bit,,,i might say that appears like an glaring violation of the fourth modification however the proper courtroom has already ruled the fourth modification null and void for all useful purposes, they might possibly rule that it is wonderful because of the fact cellular telephones did no longer exist in colonial days. What precisely are they finding for besides? How does a site visitors end justify finding your telephone documents? i will pay attention the old argument now,,,in case you have no longer something to cover than you will no longer recommendations, in case you have a difficulty with it, then you definitely must be to blame of something.

Answer 7

Yeah that's not really advice.... But if you don't want your car searched (1) don't consent (2) don't get arrested (3) don't do anything that gives the officer probable cause to believe you have a weapon.

Answer 8

Unfortunately, your rights (as defined by the Miranda rights) are to limited ot the "right" to bend over and take it up the **** and not say anything. It shouldn't be that way, but it is.

Answer 9

copwatch.com all you need to no is there.