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1.367m later
 
KevinP73's Avatar
 
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Quote:
Originally Posted by cstreit View Post
My thought exactly, so refusing the search is grounds enough for the officer to search your car, because it's suspicious?
In a word YES
(In most cases) An officer has already determined/decided if he has cause to search your vehicle before he even makes contact with you. When he asks you if you will consent to a search he is simply stacking the deck (probable cause) in his favor by adding your reluctance to be searched the situation.

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Last edited by KevinP73; 06-02-2009 at 04:01 PM..
Old 06-02-2009, 03:44 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #41 (permalink)
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Originally Posted by KevinP73 View Post
I agree with your argument in regards to the use of the question but I'm not sure it would hold up in court. I was once asked for my consent to a search of my vehicle. (They ask on the pretense that if you have nothing to hide then you have no reason to not give consent) I declined to give my consent explaining that a duffel bag in the back seat contained my dirty laundry and that I would find it embarrassing to have the officer pawing thru my dirty laundry. The officer explained that he had no concern about my dirty laundry and assured me the utmost discretion would be displayed no matter what he were to find. I voiced my confidence in his ability to be professional in his discovery of my dirty laundry but I'd still find it embarassing and would rather not experience the discomfort especially knowing I had nothing to hide. It seemed like a valid argument to me but I lost in court. The court upheld the officers decision to search based on my refusal to give consent.
In your example you know what the officer is trying to do. Verify your identity. Giving him anything that you know won't result in that would be construed as a lie. Lieing to an officer is an offense in itself.
Kevin,

How long ago was this? Did he say why he pulled you over? From what I understand all they can do is tow you and get a warrant. But that again, lower municipal courts are the worst and an appeal takes serious cash.
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Old 06-02-2009, 09:16 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #42 (permalink)
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That is why you tell them, "No, I do not consent to your searching my vehicle. I need to be somewhere by XX:XX, why did you pull me over officer?"
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Old 06-02-2009, 09:33 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #43 (permalink)
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Quote:
Originally Posted by Danimal16 View Post
Kevin,

How long ago was this? Did he say why he pulled you over? From what I understand all they can do is tow you and get a warrant. But that again, lower municipal courts are the worst and an appeal takes serious cash.
This was back in '83 or '84 in Burbank. The reason he gave for stopping me was because I had a cracked windshield and he saw me make a right turn without using my turn signal. He felt that I was trying to flee when I made the turn w/o my signal.

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Old 06-02-2009, 09:57 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #44 (permalink)
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