Would you consent to a police search of your car?

[Rick Lee]

I just watched two episodes of Cops in which almost every person pulled over went to jail because they consented to a police search of their car which turned up contraband. One girl was pulled over for going 40 in a 35 zone, everything checked out fine, cop even said "You're free to go now." But then he said, "Hey, you don't mind if I look through your car, do you?" Girl said no prob. and had a bag of blow in the center console.

I have no problem with getting stupid people and even smart criminals off the street. And I think stupidity should be a crime. But in almost all of these traffic stops, the cops had zero probably cause, yet were able to do a clean search because the driver had no idea they could refuse. What is with these people? How can anyone be so dumb? Sure, maybe the cop could have gotten a warrant anyway. But at least the reason for the search could have been challenged in court, if it turned up anything after the driver had refused consent. I would NEVER EVER let ANYONE rifle through my car. Get a warrant. I'll be happy to wait by the side of the road.

[Danny_Ocean]

Originally posted by Rick Lee
But in almost all of these traffic stops, the cops had zero probably cause, yet were able to do a clean search because the driver had no idea they could refuse. What is with these people? How can anyone be so dumb?

You've answered your own question...

[legion]

I keep a copy of the Constitution in my glove box earmarked to the part about probable cause for search and seizure...

[slodave]

They have also shown on Cops that those refuse, have to then sit there until a K-9 comes by and does a walk around. Still sucks. Then they get nailed!

[Rick Lee]

I've never seen anyone on Cops refuse. But if I did have contraband in the car, I'd still refuse. If they found it, at least I'd have a chance, with a good lawyer, of challenging the reason for the stop or the search warrant. I remember when I got my own DUI years ago, in court there was a lot of stuff about why they stopped me and almost nothing about why they thought I was drunk. BTW, I refused the breathalyzer and the cops were very cool about it.

[Gogar]

slodave is right. If you refuse, they will bring a K9 unit out. If the dog "signals" from outside of the car (which, the dog will ALWAYS ALWAYS do), then that is considered probable cause for an officer to search without your consent.

[slodave]

There have not been many, but I do remember seeing a few.

[Loaded]

No I would not. But they will do what they want. The trick is to make sure younever get pulled over

[Rick Lee]

Originally posted by Gogar
slodave is right. If you refuse, they will bring a K9 unit out. If the dog "signals" from outside of the car (which, the dog will ALWAYS ALWAYS do), then that is considered probable cause for an officer to search without your consent.

Fine. So they search my car. They'd never find anything anyway. At least they I didn't sell them the rope they want to hang me with.

[Rick Lee]

Originally posted by Loaded
No I would not. But they will do what they want. The trick is to make sure younever get pulled over

I would never physically resist a search. I'd just make sure they know they're doing it without my consent.

[porsche930dude]

if you refused a search even though you didnt have anything. wouldnt the cop automaticly think you have somthing and call for a warrant. Wouldnt the refusal of the search give the cop probable cause. Maby a cop can chime in on this

[slodave]

I have had my car searched twice that I can remember. There was nothing in the car and in L.A. it is just easier to let them look in the car. The LAPD officers were always nice and even though I had no front plate and illegally tinted windows, they let me go.

Dave

[Rick Lee]

Originally posted by porsche930dude
if you refused a search even though you didnt have anything. wouldnt the cop automaticly think you have somthing and call for a warrant. Wouldnt the refusal of the search give the cop probable cause. Maby a cop can chime in on this

Exercising your 4th and 5th Amendment rights does not constitute probable cause or reasonable suspicion. AFAIK, a cop must have an articulable reason to search a car in order to get a warrant. He can't just tell the judge, "The subject told me to get a warrant, so I'm coming to get one."

[MRM]

Guys, you never see anyone on Cops turn down the search request because the ones that do don't make an interesting Cops episode.

[HardDrive]

I would probably let them go through the car. I don't do drugs, and I am extremely careful about carrying my firearms in a legal fashion.

[fastpat]

Originally posted by slodave
They have also shown on Cops that those refuse, have to then sit there until a K-9 comes by and does a walk around. Still sucks. Then they get nailed!

Nope, no probable cause for detention. Refusal of a search is not probable cause for being detained.

I'm not saying it isn't done by government thugs in our current police state, but it's not legal.

[porsche930dude]

Originally posted by MRM
Guys, you never see anyone on Cops turn down the search request because the ones that do don't make an interesting Cops episode.

They never show the people that get away either
On one episode i recall a disgruntled employee stole his bosses targa that was an intresting chase. He spun out on an onramp to a highway so the cop caught right up. Then as soon as he got spun back around the right way he took off like a rocket and the cop lost sight right away. Then after a little bit the cop found him crashed at an intersection where the guy exited the highway.

[jyl]

I guess I've gotten to that stage of life where I usually see the police as on my side. So I'd probably consent, but it would depend on whether they behave in a way that gets my back up.

[Rick Lee]

I see polie as on my side too and am always uber-cooperative and polite....which might be why no cop has ever asked to seach my car. Still would never ever consent to it. By the time they ask you, they already want to arrest you and are looking for a reason.

[fastpat]

Originally posted by Rick Lee
I see polie as on my side too and am always uber-cooperative and polite....which might be why no cop has ever asked to seach my car. Still would never ever consent to it. By the time they ask you, they already want to arrest you and are looking for a reason.

That you or I haven't had a "problem" with police isn't an indication that they're on your, or my, side. For the most part, policing is a business which means they're on their side and always on the lookout for new customers.

As more and more laws are passed making crimes out of certain behaviors, more and more people become customers and have their lives ruined.

And, I never watch COPS.