Refusing search?

FordSVTFan

Oh, the humanity of it all.
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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 ?

I wish I had time for TV. My TIVO is full too.

Obvioulsy you are getting this Fifth Amendment lingo from somewhere and most TV programs get it wrong in this fashion too.

It is called refusing to answer questions as you cannot be compelled on the side of the road to do it.
 

MARK C

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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.

So what, you time the police when and if they search your car? To tell you the truth I've only once had a PO ask to search my car, and I let him. No more, no less. And we both know a house and a car are totally diff. Theres a LOT more stuff in a house, and the anwser to your question is; NO, you can NOT search my house.
 

wieduwilt

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I wish I had time for TV. My TIVO is full too.

Obvioulsy you are getting this Fifth Amendment lingo from somewhere and most TV programs get it wrong in this fashion too.

It is called refusing to answer questions as you cannot be compelled on the side of the road to do it.

why are yall arguing about who watches more TV???



in the regards to the question "why not let him if you have nothing to hide"

-because i am honestly the only person who steps foot in my car. I have am very picky and very OCD when it comes to my car. i dont want some PO rummaging through my stuff in my car so that i have to re-arrange everything again. bottom line its my car and i dont want you in it - even if i have nothing to hide.
 

PSUCOBRA96

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Here ya go. First rule is be nice, do not be a dick as it wont help. Even if the officer is not setting a good example it does not mean you need to do the same.

Number 2: the best thing to always say is No. I tell all clients that no matter what just say No. Just like the drug slogan so its easy to remember. Its the best free advice you can get. You were given a Constitutional right so feel free to exercise that right. You will feel good afterwards too that your rights work.

Number 3: I tell them even if the officer states he has probable cause, go ahead and state that you do still not consent to the search. Very simple and polite, do not argue and do not answer any more questions besides your name, give them your license etc.

After that if the police want to search your car, let them tear it apart. you stand back and make sure you have asserted your stance that you do not consent in a very very non threatening way, keep your hands out of your pockets, sit back and relax and do not get in their way.

Number 4: After that, who ya gonna call? Your Attorney.

And there is always that question of "well what do you have to hide?" Remember you do not have to hide something to want respect of your personal space. A lot of men and women died to give you that right, so make sure you use it.
 

Stanley

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Here ya go. First rule is be nice, do not be a dick as it wont help. Even if the officer is not setting a good example it does not mean you need to do the same.

Number 2: the best thing to always say is No. I tell all clients that no matter what just say No. Just like the drug slogan so its easy to remember. Its the best free advice you can get. You were given a Constitutional right so feel free to exercise that right. You will feel good afterwards too that your rights work.

Number 3: I tell them even if the officer states he has probable cause, go ahead and state that you do still not consent to the search. Very simple and polite, do not argue and do not answer any more questions besides your name, give them your license etc.

After that if the police want to search your car, let them tear it apart. you stand back and make sure you have asserted your stance that you do not consent in a very very non threatening way, keep your hands out of your pockets, sit back and relax and do not get in their way.

Number 4: After that, who ya gonna call? Your Attorney.

And there is always that question of "well what do you have to hide?" Remember you do not have to hide something to want respect of your personal space. A lot of men and women died to give you that right, so make sure you use it.

Thats it. The only reason you need for saying no to a search is because you can say no to it.
 

CGCobra

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I wish I had time for TV. My TIVO is full too.

Obvioulsy you are getting this Fifth Amendment lingo from somewhere and most TV programs get it wrong in this fashion too.

It is called refusing to answer questions as you cannot be compelled on the side of the road to do it.

So you are saying that I can only use my Amendments in a court room?
 

95PGTTech

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I don't break the law, so I have no problem with a search. When I drink I don't drive, I wear my seat belt, I don't do drugs, and when I transport my weapons or liquor I do so lawfully, so anything he found he would have no problem with. My vehicles are always clean and organized, so there would be little suspicion to begin with and if a search was performed there would be no reason to think I'm hiding anything.

If a cop pulls me over and feels there is a need to search me, fine. I'm not some OCCUPY anarchist who wants to exercise every right possible to make the front page of the newspaper. I have never been searched on the side of the road, but hopefully my cooperation nets me some leniency with the 10mph over the speed limit ticket he was thinking about citing me for.
 
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Here ya go. First rule is be nice, do not be a dick as it wont help. Even if the officer is not setting a good example it does not mean you need to do the same.

Number 2: the best thing to always say is No. I tell all clients that no matter what just say No. Just like the drug slogan so its easy to remember. Its the best free advice you can get. You were given a Constitutional right so feel free to exercise that right. You will feel good afterwards too that your rights work.

Number 3: I tell them even if the officer states he has probable cause, go ahead and state that you do still not consent to the search. Very simple and polite, do not argue and do not answer any more questions besides your name, give them your license etc.

After that if the police want to search your car, let them tear it apart. you stand back and make sure you have asserted your stance that you do not consent in a very very non threatening way, keep your hands out of your pockets, sit back and relax and do not get in their way.

Number 4: After that, who ya gonna call? Your Attorney.

And there is always that question of "well what do you have to hide?" Remember you do not have to hide something to want respect of your personal space. A lot of men and women died to give you that right, so make sure you use it.

Great post and great advice. I wouldn't allow an officer to search my car for the exact reasons you provided.
 

sonic 02

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Another reason for not allowing a search. That will tare your car apart and leave it a mess and leave it for you to straighten back out.
 

five0three

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I'm not some OCCUPY anarchist who wants to exercise every right possible to make the front page of the newspaper.

I don't see how not letting someone infringe on your rights makes you an anarchist. I don't like other people touching my shit. I certainly don't like LEO's (im not speaking about all of them, I have a great respect for them, but the bad apple rule does apply here) needlessly putting their paws all over my shit. If i have nothing to hide, there is no reason to search me.
 

CGCobra

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You don't have Amendments... The Constitution does...

well no kidding but they are MY rights

The Constitutional Amendments are protections against certain govt actions. You do not possess them.

Not true they are your rights .. if we didnt possess them then the government could take them whenever they want .. and they cant
 

Stanley

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I don't break the law, so I have no problem with a search. When I drink I don't drive, I wear my seat belt, I don't do drugs, and when I transport my weapons or liquor I do so lawfully, so anything he found he would have no problem with. My vehicles are always clean and organized, so there would be little suspicion to begin with and if a search was performed there would be no reason to think I'm hiding anything.

If a cop pulls me over and feels there is a need to search me, fine. I'm not some OCCUPY anarchist who wants to exercise every right possible to make the front page of the newspaper. I have never been searched on the side of the road, but hopefully my cooperation nets me some leniency with the 10mph over the speed limit ticket he was thinking about citing me for.

:dw:
 

95PGTTech

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You don't understand tongue-in-cheek do you?

I don't see how not letting someone infringe on your rights makes you an anarchist. I don't like other people touching my shit. I certainly don't like LEO's (im not speaking about all of them, I have a great respect for them, but the bad apple rule does apply here) needlessly putting their paws all over my shit. If i have nothing to hide, there is no reason to search me.

The only reason you are making an issue out of it is to be a pain in the ass for the sake of being a pain in the ass. Whether you'll admit to that or not is your problem. You make it sound like the cop goes into your truck with a boxcutter and starts slicing up your seats looking for coke and ripping your dash trim apart. Unless your vehicle is a pig sty, they open up your glove box and take a quick peek, same for the center console, and under the seats. Rarely have I seen them do anything more than a flash light and move an item or two that's in the way. They aren't taking your stuff and chucking it on the side of the road.
 

RDJ

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Not true they are your rights .. if we didnt possess them then the government could take them whenever they want .. and they cant

Go to Google and search the difference between possessing your rights and exercising your rights. Rights are exercised not possessed

Sent from my phone whilst taking a massive
 

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