Do you consent to searches ?

[Sooner or later]

My first thought was I would be pizzed at the old lady for leaving the stuff in the car.

[Eric Coffey]

Originally Posted by Tobra

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.

While I agree, the problem is that we have gotten to a point where there are laws on the books that all but discard your constitutional rights, and/or impart some sort of "punishment" for ever daring to exercise those rights. Take the DUI tests you reference above. In most jurisdictions there are "implied consent" laws of some sort in place. So, refusing a PBT/FST is an automatic license suspension/fine, etc. regardless if you are impaired or not. And if an officer can articulate probable cause that you are impaired, they will get a warrant for a blood draw anyway.

[legion]

No. I don't have anything worth hiding, but I'm not going to volunteer to have my civil rights trampled, especially if dealing with a cop who's already decided he's going to find something.

[Shaun @ Tru6]

Originally Posted by Sooner or later

My first thought was I would be pizzed at the old lady for leaving the stuff in the car.

That was my first thought as well. That and I wouldn't be married to her.

[Shaun @ Tru6]

Originally Posted by Tobra

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.

Man you are baaaaad ass! Woo boy!

[JackDidley]

I have not been pulled over in 25 years so I do not know what I would do. Nothing illegal in my car but it might be fun to mess with the cops.

[fintstone]

Last time I was pulled over was apparently for driving a nice vehicle with out of state plates in a small college town. They pulled me over for going too slow (the speed limit) which was suspicious. When I pointed that our, they decide I crossed the yellow line (didn't). Then decided I had been drinking and wanted to search my vehicle. I refused the search , but had to wait around for about an hour while a "supervisor" came to help administer the breathalyzer. Since I had not even had a single drink...they could not understand why it didn't show positive at all...and did it over and over thinking that they weren't doing it right. All the time...trying to get me to let them search my car...and see if "my story" changed. If I had not had a witness there my wife), I am sure they would have trumped something up and tossed me in jail (and confiscated my nice vehicle).

[wdfifteen]

Originally Posted by sc_rufctr

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.

+1 on every point.
I was pulled over often by everyone and pulled over and searched twice in my youth, once by the New York State Police and once by the Ohio State Patrol. I was a young kid, long hair, not in Viet Nam, driving a not-so-old Porsche. They hated the thought of people like me, so they harassed the hell out of us. I didn't know my rights and let them tear my car and luggage apart both times. Both times they ripped the hell out of my stuff and walked away when they didn't find anything, leaving me to clean up the mess.

I'm fortunate they weren't as determined and corrupt as this guy.

[rusnak]

By a regular patrol cop, on a traffic stop, in the middle of nowhere? Not on your life.

But you have to provide context.

If you just shot a guy in self defense in your own home, and the supervising detective says that they need to do this to close the book and go away, that they are taking your side.....well, you have to think about that one.

[Baz]

Fred....AFAK, Zeke stepped down as mod.

Also.....if your buddy wasn't huffing....how did the LEO detect the aroma of weed?

Or did he just make that part up?

To answer your question though - I've never been asked to consent - which thinking back is remarkable. Nowadays, I just don't get pulled over - have mellowed out on that part of my life, I guess.

[manbridge 74]

Cops are the good guys around here and I wouldn’t think twice to let them do as they see fit. Last time I consented was in a 1990 Celica beat to hell and totally stripped for hyper-mileing. Looked like a barn inside as I often hauled firewood home from work, but no wood this time just chips. After I agreed he took a peek inside but no searching and proceeded to let me off with a warning to “slow it down.” I think I was 71 in a 55.

Last interaction I had was when I pulled over a state patrol car at about 11pm. I had come up from behind after it turned onto the road I was traveling, it trying to get up to speed. I flashed my high beams and it dove into the center lane with flashing lights on. I stopped, turned on my interior light and put both hands on the wheel. This was during the cop killing summer too so I’m a little nervous. A giant woman officer, over six feet tall came out and walked up not appearing edgy at all. I told her there was a car fresh in the ditch a couple miles back, roof level with the road surface. She said thanks, flipped a u-turn and was off. Kind of surreal...

[GH85Carrera]

I have not been stopped by a cop since 1978 so I have little first hand experience. There is simply no reason for a cop to search my car. I have never done any drugs and I know with certainty my cars have no trace of drugs in them. I just don't want my car taken apart on the side of the road.

As a kid living with mom and dad on base I had to consent to a car search to get on base. I had the officers sticker on my car, so they knew my dad was an officer. I had a beat up $600 VW bug. The guard could search at any trip on base. If I was coming home late (after 11:00 PM) the chances were 50-50 I would get a search. All they ever found was my camera equipment. I told them I was a newspaper photographer and showed them my press pass, and they usually let me go with no full search. Some times they looked everywhere. Of course they never found a thing.

[fastfredracing]

Originally Posted by Shaun @ Tru6

That was my first thought as well. That and I wouldn't be married to her.

She has been fighting cancer for 5 years.

[Shaun @ Tru6]

My friend too. Terminal.

[Tobra]

Originally Posted by Eric Coffey

While I agree, the problem is that we have gotten to a point where there are laws on the books that all but discard your constitutional rights, and/or impart some sort of "punishment" for ever daring to exercise those rights. Take the DUI tests you reference above. In most jurisdictions there are "implied consent" laws of some sort in place. So, refusing a PBT/FST is an automatic license suspension/fine, etc. regardless if you are impaired or not. And if an officer can articulate probable cause that you are impaired, they will get a warrant for a blood draw anyway.

That is why you specifically state, "I am not refusing the test. I wish to speak to my attorney prior to doing it."

Originally Posted by Shaun @ Tru6

Man you are baaaaad ass! Woo boy!

No, I am just less willing than you to surrender my rights. I also got over things like ^this^ prior to graduating high school. I am sure one day you will too.

I guess I did not recall correctly what your position was on the Patriot Act.

[stomachmonkey]

Originally Posted by Tobra

That is why you specifically state, "I am not refusing the test. I wish to speak to my attorney prior to doing it."

Won't do you any good in TX.

You don't have a right to attorney prior to testing.

You waive that right as a condition of receiving a license.

[Shaun @ Tru6]

Originally Posted by Tobra

That is why you specifically state, "I am not refusing the test. I wish to speak to my attorney prior to doing it."


No, I am just less willing than you to surrender my rights. I also got over things like ^this^ prior to graduating high school. I am sure one day you will too.

I guess I did not recall correctly what your position was on the Patriot Act.

yawn.

[id10t]

Originally Posted by stomachmonkey

Won't do you any good in TX.

You don't have a right to attorney prior to testing.

You waive that right as a condition of receiving a license.

You cannot waive constitutional rights in a contract...

Now, there may be an automatic punishment, etc. involved in refusing (here in Fl. they yank your license for 6 months even if nothing else happens if you refuse a roadside sobriety test) but you cannot give up constitutional rights in a contract.

[stomachmonkey]

Originally Posted by id10t

You cannot waive constitutional rights in a contract...

Now, there may be an automatic punishment, etc. involved in refusing (here in Fl. they yank your license for 6 months even if nothing else happens if you refuse a roadside sobriety test) but you cannot give up constitutional rights in a contract.

The 6th applies after you’ve been arrested.

Sobriety tests determine if you will be arrested.

You have no right to council before then.

All you have is the 5th, your right against self incrimination.

Now the police may be nice and extend it as a courtesy, but they don’t have to.

And yes, you are correct, my reply could have been clearer in it's intent.

My point was in that situation a Lawyer is useless and you are not entitled to one.

As a condition of receiving a license you agreed to submit to sobriety tests.

You waived your right to be free of consequences if you refuse.

So if you refuse but post arrest submit and blow clean you won't have a DUI charge but the penalties for refusing the sobriety test remain.

[Eric Coffey]

Originally Posted by Tobra

That is why you specifically state, "I am not refusing the test. I wish to speak to my attorney prior to doing it."

Originally Posted by stomachmonkey

Won't do you any good in TX.

You don't have a right to attorney prior to testing.

You waive that right as a condition of receiving a license.

Yep, won't do you any good in most states with "implied consent" laws I mentioned previously. The reality is that if you are DUI, they will get you. Again, if you refuse a FST/PBT, they will get a warrant for a blood draw anyway. So, if you are not DUI, it makes no (legal) sense to refuse, as doing so comes with mandatory consequences in most states, regardless if you pass or fail. Also, if the initial reason for the stop was something else (speeding, light out, etc.), you can basically guarantee that you will be written for that infraction, as well as anything else they can stick you with, if you refuse and/or are non-cooperative. That's just the reality of the situation. If you disagree with it, you are preaching to the choir...