Do you consent to searches ?

[fastfredracing]

I just put a headlight ballast in my childhood buddies BMW today . He got stopped Saturday night for a headlight out, The State Trooper said he could smell mary ja y haney- He said, not even worrying about it he gave them consent . " Sure, go ahead and search " . They found a small amount of weed. His wife is a regular smoker, and must have left some in the car. He says he has not touched the stuff in 20 years, I believe him.
Poor guy is worried sick. He thinks he is going to jail, loosing his license, his job etc.
I think reality is that he will end up with a $300.00 dollar fine . He was going to meet with a lawyer today after he left my place .
They tested him for impairment and let him let him drive home so , they obviously knew he was sober. I would think he would be in big trouble if they thought he was driving while impaired, but that is not the case here .
Everything I have ever read, and was told by a lawyer before, NEVER EVER EVER
consent to a search . No matter what . What good could it possibly do for you ?
Can we discuss this here ? If not, feel free to drop the hammer on me Zeke

[sammyg2]

I've never had the opportunity to use this advice (knock on wood), but a lawyer-type once told me that when asked I should provide identification and proof on insurance, and nothing else.
Politely tell the officer that you would like to consult with an attorney prior to being interviewed.

Do not consent, do not discuss.

[GH85Carrera]

Even cops will tell you don’t consent to a search.

[stomachmonkey]

I don't like to but mostly I do.

It's situational.

I don't get pulled over a lot anymore but when I was younger it was constant, young guy, long hair, nice car.

If I thought they were fishing I usually did simply to get it over with sooner.

I found the more hassle you gave them the more serious a bogus ticket they ended up giving you.

Because it happened often enough I never let anyone I knew who "indulged" carry in my car.

Now if it were not my car, no effin way. A rental car, never.

Although I did have a funny one noght, coming back from a gig get pulled over by State Troopers.

Typical drill, I'd had not even a drop to drink so F it I consented.

One of them has me out of the car while the other is going through it.

She's checking my jacket and finds "a vial", even though it was dark on the side of the road I can see her face light up.

I say "they are earplugs"

She enthusiastically calls over her partner.

I say "I told you, I'm coming from a gig, they are earplugs."

Partner gets all macho telling me how much trouble I'm in blah blah blah

He opens the vial, earplugs.

I laughed the whole way home.

[Shaun @ Tru6]

I don't see why you wouldn't consent to a search.

[fastfredracing]

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=2ahUKEwj6w8b7qMjnAhWTZs0KHXFvBLsQFjABegQICRAF&url=https%3A%2F%2Fwww.huffpost.com%2Fentry%2F5-reasons-you-should-neve_b_1292554&usg=AOvVaw3RYv2bvioac3ghahq_0kBk

[stomachmonkey]

Originally Posted by fastfredracing

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=2ahUKEwj6w8b7qMjnAhWTZs0KHXFvBLsQFjABegQICRAF&url=https%3A%2F%2Fwww.huffpost.com%2Fentry%2F5-reasons-you-should-neve_b_1292554&usg=AOvVaw3RYv2bvioac3ghahq_0kBk

We all know the reasons, whether you get away with it or not is highly dependent on the cop, his motivation, who you are.

It does not work for everyone, trust me.

[Shaun @ Tru6]

I get all that Fred.

To me, refusing a search says you are hiding something. Thankfully I've only had to think about once in my life doing 86 in a 55 on the Mass Pike at 1AM when I was 19. I would have searched my 240Z too. State Trooper loved the car.

[speeder]

Originally Posted by Shaun @ Tru6

I don't see why you wouldn't consent to a search.

I don't see why you would.

[Shaun @ Tru6]

Originally Posted by speeder

I don't see why you would.

I have nothing to hide. My sense is as a nice white guy with good manners, a search is a few minutes and sending me on my way. It was 30+ years ago.

But yeah, I could see how the cop would plant a gun in my car and charge me with killing a meth addict hooker.

[fastfredracing]

What if ? I found a large amount of MJ in a customers 930 when chasing down some electrical gremlins a few years back .
It was clearly really really old, and dry, but it would have been a felony if it had been found .
The owner never touched it in his life, and was shook up when I showed it to him , saying to me , " do you know how many times I have been over 100 mph in this car ? Can you imagine if I had been stopped and they found it ?"

[Shaun @ Tru6]

^^^ yeah, that's why I've practically torn apart every used car I've ever bought. And cleaned it thoroughly. People are pigs.

The only time I would ever have to worry is with a dirty cop. YMMV.

[stomachmonkey]

Originally Posted by fastfredracing

What if ? I found a large amount of MJ in a customers 930 when chasing down some electrical gremlins a few years back .
It was clearly really really old, and dry, but it would have been a felony if it had been found .
The owner never touched it in his life, and was shook up when I showed it to him , saying to me , " do you know how many times I have been over 100 mph in this car ? Can you imagine if I had been stopped and they found it ?"

Kid here in Ft Worth, this was a coupla years back.

Buys his first car.

Has an encounter with the local popo, consents to search.

They find a felony amount of H.

Kid goes to jail.

Eventually gets let go.

He bought the car at a Police Auction.

It had been seized from a drug dealer.

[Bill Douglas]

They're not stopping you to be your friend. they want you in as much trouble as they possibly dump you in. So why help them. Don't consent, and don't admit to anything.

[Eric Coffey]

In a perfect world, a refusal to consent would be the obvious answer. However, most of the time a refusal to consent is an automatic red-flag, and a cop will do whatever they can to articulate probable-cause to get into the car anyway. In this case, had he refused, the cop would have likely called in a K9 to do a perimeter sniff, during which he would've most likely indicated on the car (giving them PC to search without his consent). So, they can and will get in the car by any means necessary if they think there are drugs inside. If they have to go to all that trouble, they are going to be more inclined to "pen f**k" you (basically writing you for every single infraction they can). It's crap, but that's the reality of the current system...

[stealthn]

He shouldn’t need consent if he smelled an illegal substance...it’s probable cause

[Bill Douglas]

Around here we show them ID and answer name and address questions, then say "I intend to fully cooperate, but I'd like my lawyer present before I answer any more questions."

This way they know that you know your rights and the pricks may end up in court themselves if they make one tiny mistake.

[Shaun @ Tru6]

Sort of what Mr. Coffey said. ^^^

If you want to be jaded and cynical, the cop WANTS you to deny consent. I'm sure a portion of our police officers get off on the challenge and resultant bullying. Why let them have what they really want?

[Tobra]

Originally Posted by Shaun @ Tru6

I get all that Fred.

To me, refusing a search says you are hiding something.

Apparently you don't get it.

Refusing a search says you know the rights guaranteed to you by the Constitution

If they are going to search, they will manufacture probable cause and search whether you consent or not. In the OP for example.

Also, if you are pulled over and they ask you to blow into the thing, you don't refuse, you want to speak to your attorney before you do anything. That is my answer to that question and I never drive if I have been drinking.

I seem to recall you were opposed to the patriot act, I must not remember correctly.

[sc_rufctr]

Originally Posted by Bill Douglas

Around here we show them ID and answer name and address questions, then say "I intend to fully cooperate, but I'd like my lawyer present before I answer any more questions."

This way they know that you know your rights and the pricks may end up in court themselves if they make one tiny mistake.

That's interesting Bill but the reality is it's really difficult to say no the the cops especially if you're 20 something and on your own.

Our cops are generally good but as always there are some bad actors amongst them.
IMO the "bad actors" really don't care about guilt or innocence. It's about what they can prosecute.

I haven't been pulled over in more than 30 years.