Police Consent law. NEED HELP?

Question

I was pulled over this week for rolling through a stop sign. The officer asked me and my 2 friends to step out of the car. I shut my car door and stood in front of it. He asked to search the car and I said " I do NOT consent" The officer took no notice to my words and forcefully searched my car. WHAT DO I DO?

Answer 1

Couple things......first, did he find anything, arrest or cite you for anything more than the stop sign violation? If not, then there is not much you can do. The only recourse you would have is IF he found any evidence and DID NOT have probable cause when he searched your car. Then, in court, that evidence could be thrown out if your lawyer has half a brain.

Second, every time I had cause to search someone's car/person/house/etc, I would still ask. It never hurts to be able to say that I had consent (along with probable cause) when I write the report and/or go to court. Just because you said no doesn't mean he didn't have cause. I rarely told people why I was doing it as the road/side of the street/etc is not the place to have that argument.

Lastly, you ask, "WHAT DO I DO?" But you don't say that anything else happened. If nothing else happened, what do you need to do? You can file a complaint with IA but it is not illegal for him to search your car, it will only make the evidence found inadmissable in court (usually). So what is it you feel you need to do?

And Valentine, why is it so many people think that ALL cops have cameras in their cars? We had a couple (over 300 sworn Officers in my Agency), they were VOLUNTARY and they are not on 24/7. Most Departments cannot afford the cost associated with purchasing and using dash-cams as they are pricey to buy and cost a good amount to operate after purchase as well.

Answer 2

You did no longer truly state the placement. because you suggested operators' license and vehicle registration, i'm assuming you're speaking approximately police sprint digital camera recording. if so, some issues are against you; a million) the officer is a party in consent of the recording, 2) you're in a public area and can be recorded by way of all people at any time, 3) that's an allowed protection gadget for the officer and arguably even for the widespread public. the admissability of the video would desire to probable be puzzled yet i think of that that is exceptionally lots been desperate to be information in all localities.

Answer 3

YOU ROLLED THROUGH A STOP SIGN AND WERE PULLED OVER.

THE OFFICER ASKED YOU AND TWO FRIENDS TO STEP OUT OF THE VEHICLE.

I SHUT MY CAR DOOR AND STOOD IN FRONT OF IT.

I DID NOT CONSENT TO A SEARCH

YOUR REFUSAL TO ALLOW A SEARCH AND YOUR TWO FRIENDS (still left inside the vehicle) INSIDE THE CAR, WARRANT A PROBABLE CAUSE SEARCH FOR A BOTTLE OR OPEN CONTAINER THAT IS "probably" INSIDE THE VEHICLE, HAS NOT BEEN DISCARDED OR COULD BE / TRYING TO BE HIDDEN.

THE RULES THAT GOVERN FOR A PROBABLE CAUSE SEARCH OF A VEHICLE AND A PROBABLE CAUSE SEARCH FOR A PACKAGE IN THAT VEHICLE OR ESTABLISHING A PROBABLE CAUSE UNDER THE ROSS RULE (UNITED STATES V ROSS, 456 US 798(1982) --"probing search"
ARE FAR DIFFERENT TYPES OF SEARCHES ALLOWED TO POLICE.

Answer 4

if he is a cop as you say then, then he has a camera is the car. from what i learned on t.v. NO HE CANNOT SEARCH YOUR CAR if you SAY NO. unless he suspects probably cause. that could lead anywhere a cop wants to. you need to contact an attorney go see this cops captain demanding any apology if your not guilty of anything. however if they found something in your car not your but one of your passenger's well your GUILTY. CAUSE YOUR THE DRIVER. get a LAWYER NOW.?????????????????

Answer 5

Sound like you got one of the bad cops that think they are above the law. If the cop did not find anything then go get a lawyer.

Answer 6

Get a lawyer...QUICK!