Refusing search?

[wieduwilt]

Some friends and I were talking about how you cannot refuse an officer to search your vehicle when pulled over. I say you can, my brother did it in Arkansas on the way home from my grandparents one time. We had a big white cooler in the truck bed with a few watermelons and other various items and the officer said he wanted to take a look in the cooler. My brother told him what was in there and he said he still wanted to take a look. My brother said i dont give you authorization to look in the cooler and sure the officer was aggitated but he didnt look in it.

The question is, if i get pulled over in TN (lets say on the way to a friends house after work at night) and i get pulled over and an officer wants to search my backpack which i always carry with me (i always have a spare change of clothes, snacks, medicine, etc.), can i refuse him?

 

[Lt. ZO6]

If the situation doesn't meet the Motor Vehicle Exception rule, then the officer must obtain consent prior to conducting any search.

 

[svtcop]

If the situation doesn't meet the Motor Vehicle Exception rule, then the officer must obtain consent prior to conducting any search.

A warrantless search could not be conducted if it doesn't meet the exception rule. You could still search WITH a warrant without owner consent obviously.

But if you have neither of those things....we would need consent to search.

I think this topic may have been covered a few times on here.

OP, you should learn the svtp "search" before inquiring about a vehicle search. oke:

 

[Uncle Meat]

Watch this and learn something new. [nomedia="http://www.youtube.com/watch?v=6wXkI4t7nuc"]Dont Talk to Police - YouTube[/nomedia]


U.M.

 

[Lt. ZO6]

Watch this and learn something new. Dont Talk to Police - YouTube


U.M.

And lose pretty much any chance of receiving a warning for whatever you were stopped for...

 

[CPRsm]

So a Leo would ticket out of spite because someone used one of their amendments ?

 

[MARK C]

The old saying....if you have NOTHING to hide, why say no to a search? All you are doing is making the police get a drug dog and a LONG delay in waiting for the dog unit to get there............ And like already stated, if you have nothing to hide and say no to the serach, IF the police were going to let you off with a warning, you can forget about that now!
I've ALLWAYS found it better to be nice, and not be the ass police hate. I work with customers all day. It's so much easier to deal with decent people than the (other kind)!:thumbsup:

 

[DaleM]

The old saying....if you have NOTHING to hide, why say no to a search? All you are doing is making the police get a drug dog and a LONG delay in waiting for the dog unit to get there............ And like already stated, if you have nothing to hide and say no to the serach, IF the police were going to let you off with a warning, you can forget about that now!
I've ALLWAYS found it better to be nice, and not be the ass police hate. I work with customers all day. It's so much easier to deal with decent people than the (other kind)!:thumbsup:

Then the police should understand you not wanting to get searched. It seems to be unreasonable to be searched if you have nothing to hide, correct? If the officer would say way he wants to search that would often make the situation more understandable. "hey I have reason to believe you have been drinking while driving because you swerved and it looked like you were drinking from a beer bottle, I am looking for an open container." You could do a quick go ahead or hell no based on that conversation.

 

[BM1]

http://www.aclu.org/files/assets/bustcard_eng_20100630.pdf

I kinda lol'd that they actually have a quick reference card for this.

 

[Lt. ZO6]

So a Leo would ticket out of spite because someone used one of their amendments ?

Not spite at all. If I stop a person for a violation and usually ask if there is a reason for them doing what they did. If someone doesn't want to talk to me any, I am unable to determine if I am going to cut a break or not...

How does one use an amendment, anyways?

 

[CPRsm]

I plead the fifth. That's how.

 

[FordSVTFan]

If the situation doesn't meet the Motor Vehicle Exception rule, then the officer must obtain consent prior to conducting any search.

True

A warrantless search could not be conducted if it doesn't meet the exception rule. You could still search WITH a warrant without owner consent obviously.

But if you have neither of those things....we would need consent to search.

I think this topic may have been covered a few times on here.

OP, you should learn the svtp "search" before inquiring about a vehicle search. oke:

Good idea.

So a Leo would ticket out of spite because someone used one of their amendments ?

Huh? Use an Amendment????? It is a protection that would be asserted in court, not on the side of the road.

Not spite at all. If I stop a person for a violation and usually ask if there is a reason for them doing what they did. If someone doesn't want to talk to me any, I am unable to determine if I am going to cut a break or not...

Exactly. When a stop is made the assumption is a ticket is being issued should the person stopped be cooperative and enable the officer to dispel his reasonable conclusion then the ticket turns into a warning, without such cooperation the ticket is issued.

I plead the fifth. That's how.

You watch too much tv. The protections afforded the by the fifth amendment are not utilized on the side of the road outside of the courtroom.

 

[EatonEggbeater]

http://www.aclu.org/files/assets/bustcard_eng_20100630.pdf

I kinda lol'd that they actually have a quick reference card for this.

And the first line was this:

• You have the right to remain silent. If you wish to exercise that right, say so out loud.

 

[CPRsm]

You watch too much tv. The protections afforded the by the fifth amendment are not utilized on the side of the road outside of the courtroom.

I'm pretty sure you watch more than me. But if someone declined to comment on the side of the road for fear of self incrimination, what would it be called then ?

 

[rubicon04]

If an officer doesnt have a reason to warrant a search I would assume he would not ask without an ulterior motive such as trying to read your reaction. That being said I have had an officer ask me to search the vehicle, I complied and was told to be on my way without the search ever occuring.

Its rather simple to still be polite and refuse a search if you so wish. " Im sorry officer but I do not consent to that " should suffice.

 

[Stanley]

I was with a friend in a parking lot that was just about empty waiting on someone. A cop pulled in and wanted to know what we were doing and after we told him he asked to search my friends car. He told him no and the cop got defensive and wanted to know why he wouldn't let him, asked if he was hiding something. He told him that he just didn't want him going through his stuff. The cop then looked the car over through the windows the best he could and then left.

I can't really think of a reason to let a cop go through your stuff.

 

[olefafl]

The old saying....if you have NOTHING to hide, why say no to a search? All you are doing is making the police get a drug dog and a LONG delay in waiting for the dog unit to get there............ And like already stated, if you have nothing to hide and say no to the serach, IF the police were going to let you off with a warning, you can forget about that now!
I've ALLWAYS found it better to be nice, and not be the ass police hate. I work with customers all day. It's so much easier to deal with decent people than the (other kind)!:thumbsup:

So can I come to your house and search it? If you have nothing to hide what would it hurt?

Its been posted on here that a stop can't take longer than "normal" just to get a dog to the stop. SO there would be no long delay.

 

[JerryC]

The old saying....if you have NOTHING to hide, why say no to a search? All you are doing is making the police get a drug dog and a LONG delay in waiting for the dog unit to get there............ And like already stated, if you have nothing to hide and say no to the serach, IF the police were going to let you off with a warning, you can forget about that now!
I've ALLWAYS found it better to be nice, and not be the ass police hate. I work with customers all day. It's so much easier to deal with decent people than the (other kind)!:thumbsup:

There a many reason for refusing. Here's just a few.
There might be medications in the car, anybody could determine what ailments you have from that, it's not illegal and they have no need to know.

There could be personal information that you don't want known, political affiliation, magazines that show your interests, etc...

Something as simple as being germ phobic. I wouldnt want an officer to go through my stuff wearing the same gloves that he used to go through a dirtbags car.

Having said that I always cooperate fully with officers.
I live by the the motto of not arguing with the guy with the gun.
Their job is crappy enough without me making it worse for them.

 

[Scotty07]

As would pertain to those in Minnesota who are subject to a traffic stop and not under arrest; you are required to produce your D/L and proof of insurance. You are not required to answer any questions, nor make any statements. You are not required to consent to a search. If they have a valid legal reason to search, so be it. You are not required to give them that valid legal reason by consenting to their request to search.

 

[svtcop]

I'm not sure what you guys are doing when you get stopped but I rarely would just ask for consent to search a vehicle.

There would need to be some subtle actions or things I see in plain view that don't quite give me probable cause to search but just heighten my suspicion. (excessive nervousness, stuttering, failing to make eye contact, fumbling with documents, etc..and I factor in the physical items I see in the car, no i'm not going to give away all of my trade secrets :coolman: .)

The majority of the folks I stop are younger just because that is the demographics of my area, but I don't assume every young kid driving a nice car is selling narcotics. It wouldn't be a determining factor to heighten suspicion for me. And honestly I get more dope out of the shitboxes. :shrug: