2007-11-27 12:01:53 · 14 answers · asked by George B 3 in Politics & Government ➔ Law Enforcement & Police
To all the experienced, acknowledgeable answerers, thank you all for the great responses. This is going to be a tough choice for best answer.
2007-11-27 15:51:05 · update #1
No. The Fourth Amendment gives you the right to refuse without reason.
If the officer pushes the matter after you decline, the search would be deemed illegal, and any evidence suppressed.
This would include threats to get a warrant, or threats to bring a dog.
2007-11-27 12:06:10 · answer #1 · answered by trooper3316 7 · 10⤊ 1⤋
1
2016-10-31 17:20:35 · answer #2 · answered by Adriana 3 · 0⤊ 0⤋
No. This is a fact, written in stone. It was actually argued in court, and the courts have decided that one cannot be put in a position where one is damned if they do and damned if they don't.
This is the case you would be in if you had an officer who expected you to give him consent to search, but felt he could always fall back on your refusal as an articulable fact in support of his own Probable Cause (PC) to conduct a warrantless search. The courts also said that no suspicion can be elevated on the part of the officer just because someone wished to exercise their rights.
You have a right to be free from illegal search and seizure.
That doesn't mean that if you refuse to give consent, that the officer can't do it anyway. It just means that he will need to be able to articulate PC for it.
El Chistoso
2007-11-27 13:51:57 · answer #3 · answered by elchistoso69 5 · 4⤊ 0⤋
no. They need probable cause to search. If they ask and you say no, as per your right to do so, they would need to obtain a warrant.
They are allowed to search anywhere a gun might be in reach of the driver without probable cause to protect their own safety.
The website included has information on vehicle searches. In addition, you must know it is harder than you would think to get a case dropped due to a 4th Amendment violation. So it would be best to not consent, but if they continue to search anyway, make sure to not get in their way.
*******
It is important to not grant consent because if a passenger left anything in the vehicle you are unaware of, even if you had no idea your passenger was involved in illegal activity, you will be the one in trouble.
2007-11-27 12:11:37 · answer #4 · answered by A.D. 2 · 4⤊ 0⤋
No
The courts have held that refusal to consent to a search cannot be used as probable cause, but they can use any legal means at their disposal to find probable cause after you refuse (such as have a drug dog sniff around the car, look into it without opening the doors, etc.)
2007-11-27 12:10:36 · answer #5 · answered by theseeker4 5 · 5⤊ 0⤋
Refusing consent is not in and of it self probable cause.
However, if you refuse the officer will certainly suspect that you have something to hide.
If he is able to develop probable cause independant of your refusal, he will be able to obtain a search warrant.
This may very well tie up your vehicle in impound while the search warrant is obtained (this process can take HOURS).
My advice is to grant consent if you have nothing illegal in the vehicle. This will avoid the hassles of having your vehicle impounded for nothing.
2007-11-27 12:14:52 · answer #6 · answered by Bob 3 · 1⤊ 2⤋
NO.
You have a legal right to decline to allow the cops to search your car without a warrant. A decision to exercise that right cannot be used as grounds to request such a warrant.
Richard
2007-11-27 12:05:34 · answer #7 · answered by rickinnocal 7 · 5⤊ 0⤋
Always carry a video camera and dont be alone. Then when its your word against theirs, you can prove they pulled an illegal search and lied about it.
2007-11-28 01:54:42 · answer #8 · answered by Happy-go-Lucky 4 · 0⤊ 1⤋
No. Especially if you step out of the car, since no weapon is within reach. Unless you are within 25 miles of a U.S. Border (since probable cause is not required - mere suspicion will suffice).
That being said, I knew of a person who was stopped for speeding and asked to consent to a search. He said "get a warrent" and five minutes later a guy drove up with a warrent issued to "John Doe" and signed by a Justice of the Peace. Of course there was nothing found in the search, but he was fined several hundred dollars for several vehicle charges which they made up in order to punish him for their trouble.
Moral of the story? Don't be a jerk. Just ask the officer to articulate the reason for the search.
2007-11-27 12:13:33 · answer #9 · answered by BruceN 7 · 0⤊ 8⤋
No its your right to say "no". also make sure you video record all stops
2014-12-31 11:10:07 · answer #10 · answered by Steph B 2 · 0⤊ 0⤋