what happens if you dont consent to a search
07-10-2006, 06:12 PM
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what happens if you dont consent to a search I was thinking about this: if an officer pulls you over and for some reason wants to search your car, if you tell him no, what all can happen?
I know probable cause is the main thing, but thats up to them so it dosent really matter I would think. So can he take you to jail/ tow your car if you refuse a search?
If you get towed/jail whatever and they get a warrant to search your car and find nothing at all, would you still have to pay anything or what? Can you in theory sue them for wasting your time?
Are "suspected illegal performance mods" a probable cause to search?
Just curious, anybody with experience please share
I know probable cause is the main thing, but thats up to them so it dosent really matter I would think. So can he take you to jail/ tow your car if you refuse a search?
If you get towed/jail whatever and they get a warrant to search your car and find nothing at all, would you still have to pay anything or what? Can you in theory sue them for wasting your time?
Are "suspected illegal performance mods" a probable cause to search?
Just curious, anybody with experience please share
07-10-2006, 06:43 PM
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If you refuse and he doesn't have PC, it's pretty much over right there. If you do something to get arrested (or have a warrant,etc.) they search the vehicle anyway, and make a list of any valuables and whatnot you have in there.
In my mind, I couldn't justify using performance mods to constitute P/C.
In my mind, I couldn't justify using performance mods to constitute P/C.
07-10-2006, 06:46 PM
#3
brothers friend said they threatend to bring a dog and a warrant, he was very firm about it being a waste of their time and his so they didn't do either. i don't have that kind of luck and would have got tasered
Last edited by white man; 07-10-2006 at 06:53 PM.
07-10-2006, 06:51 PM
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thats what I was thinking, but just wondering if they didnt have a legit P.C. but were lurking around about searching the car, and if you said no they might take that as P.C. that you're trying to hide something
so what if they "do" have a probable cause, what happens if you refuse a search?
so what if they "do" have a probable cause, what happens if you refuse a search?
07-10-2006, 06:58 PM
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they can bring a dog..thats it..but thats only if he asks and usay no...if there is "probablecause" then it doesnt matter what u say..and yes i believe that u have to pay the towing fee and storage fee if they tow it
07-10-2006, 07:00 PM
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Originally Posted by white man
i don't have that kind of luck and would have got tasered
I think you and I share the luck!! No, I haven't been tasered....yet....
07-10-2006, 07:11 PM
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If an officer asks your permission to search your car you have the right to refuse the search. If the officer actually has some probable cause to believe there is something illegal in your vehicle he can write up a request for a search warrant which must state what it is specifically that he believes is hidden in your vehicle and why he believes it to be there. The request must then be taken to a magistrate to be signed. If the magistrate feels there is insufficient probable cause to believe the item(s) are actually in the car he will not sign the warrant because a search warrant based on insufficient probable cause is not admisable in court nor are any items found during that search.
If the officer doesn't have sufficient probable cause or doesn't want to wait the hours it takes to get a search warrant issued then his only recourse is to let you go unless he has some other legal reason to detain you.
To put it simply, if you say no then he's just **** out of luck and that's it. Don't be afraid to say no to a search. 99% of the time the officer is just wanting to check the car to see if he can find something. Most people say yes because they are afraid to say no. Just say no.......
If the officer doesn't have sufficient probable cause or doesn't want to wait the hours it takes to get a search warrant issued then his only recourse is to let you go unless he has some other legal reason to detain you.
To put it simply, if you say no then he's just **** out of luck and that's it. Don't be afraid to say no to a search. 99% of the time the officer is just wanting to check the car to see if he can find something. Most people say yes because they are afraid to say no. Just say no.......
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07-10-2006, 07:22 PM
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Originally Posted by POC
Yeah they call the K9s. Drugs or not the dog barks and your getting searched.
Well I've know a lot of people that have said "I dont have anything, yeah sure, you can search it," and the cop ends up finding something and they definitely don't let them go just because they were nice enough to let them search their car. I also know a friend who didnt have anything illegal in his car, but let him search it, and the cop basically trashed his car.
So I don't see the point in saying yes, I was just wondering because if you really dont have anything and say no, the officer may get pissed off and might try to do all he can to screw you over.
07-10-2006, 07:30 PM
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Theyd probably just bring a K9 out. But heres the crappy part: Traffic offenses are arrestable offenses in Texas. So if he originally pulled you over because you broke a traffic law, then he can arrest you, and do a search incident to arrest. Thats if he really wants to do a search though.
BOSS APPROVED!
07-10-2006, 11:30 PM
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damn dog always barks by my car, ive never done drugs, or had drungs in any of my cars. and every year in school id be out there gettin searched, damn fool one year tryed to cut my seats saying one was softer than the other.
but what is good P.C. for a search? smell of smoke? what is the thing that says yes he has search?
but what is good P.C. for a search? smell of smoke? what is the thing that says yes he has search?
07-10-2006, 11:38 PM
#14
Last year , me and some friends were going to the beach. I was following my friend in his SRT4. He had about 50$ worth of beer and 300$ worth of fireworks, plus some bud. He got pulled over doing 70 in a 55 ( speed changed really fast from 65-55). All the stuff was in his trunk. The cop walks up, reaches through the back window and opens up the cooler.. that was the first thing he did ( big mistake). He then told my friend to step out of the car cause he was going to search it.
My friend said no, you don't have probable cause, but the cop claimed he did. My friend said he doesn't have the right to search his car and the cop told him he did.
Well, needless to say, my friend got arrested on possession of alky and fireworks and i had to bail him out of jail for 600$ 15 minutes later lol. Good thing they didn't find the bud. ALso, the fireworks ticket was like 450 compared to 150 for the alky, dumb. This was in Lake Jackson, Texas.
They went to court, my friend hired a lawyer and the whole thing got dismissed because the cop did an illegal search.
My friend said no, you don't have probable cause, but the cop claimed he did. My friend said he doesn't have the right to search his car and the cop told him he did.
Well, needless to say, my friend got arrested on possession of alky and fireworks and i had to bail him out of jail for 600$ 15 minutes later lol. Good thing they didn't find the bud. ALso, the fireworks ticket was like 450 compared to 150 for the alky, dumb. This was in Lake Jackson, Texas.
They went to court, my friend hired a lawyer and the whole thing got dismissed because the cop did an illegal search.
07-10-2006, 11:47 PM
#15
here ya go (done by entering "77845" for the zip code):
Vehicle Searches
Vehicle Searches
Vehicle Searches
Q : Suppose the officer wants to search my car?
A : Ask why the officer wants to conduct a search. If you have absolutely nothing to hide, expediency might dictate that you let the search proceed. If you don't want the search to proceed, you do not have to consent. Usually, the officer is not permitted to conduct the search unless you consent, the officer has probable cause (see below), or the officer reasonably believes that he must search the auto for his or her own protection. Ask courteously whether the officer has a search warrant or if you are under arrest. If the officer replies that you are under arrest, ask for an explanation.
Q : What if the officer insists on searching my car?
A : Don't interfere. You can always challenge the legitimacy of the search later in court.
Q : Can the police legitimately search my vehicle without a warrant?
A : That depends on the circumstances. The police would not usually have the right to search your automobile when you are stopped only for a minor traffic offense such as speeding, but if the violation requires that you be taken into custody (for example, a "Driving Under the Influence" [DUI] arrest or driving with a suspended license), the search would generally be permitted. If the officer has arrested you, the officer does not need a warrant to pat down your body in searching for weapons.
In general, when an arrest is not involved, the police have more latitude to search a vehicle than to search a home. The U.S. Supreme Court recognizes an automobile exception to the Fourth Amendment's protection against warrantless searches. The Court has held that a person expects less privacy in an automobile than at home. (No one ever said "A man's Chevy is his castle.") The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. For a warrantless search to be valid, however, the officer must have probable cause. (See the "Criminal Justice" chapter for more details on this topic.)
Q : What is probable cause?
A : Probable cause, in this context, is a reasonable basis for the officer to believe that the vehicle contains incriminating evidence, so that the officer is legally justified in searching it.
Q : What part of the vehicle may the police search if they have probable cause?
A : Generally, the police officer may search the immediate area at the driver's command, that is, under and around the front seat. The law is always changing. Sometimes state constitutions offer greater protection against searches than the U.S. Constitution. Therefore, if you have questions about a search the police have made of your vehicle, it is best to consult a lawyer in your state
Q : May the officer search in my glove compartment?
A : Yes, the Supreme Court has held that such a warrantless search is permissible. The reason is that the glove compartment is within the arrested driver's reach.
Q : May the officer search a closed container inside my car?
A : Police are permitted to search containers or packages found during a legitimate warrantless search of a vehicle. The container must be one that might reasonably contain evidence of a crime for which the officer had probable cause to search the vehicle in the first place. In 1982, the Supreme Court ruled that the police do not need a warrant to search closed containers found in the passenger compartment of an automobile whose occupant is under arrest.
Family Legal Guide
Copyright © 2000, 2002 American Bar Association
Q : Suppose the officer wants to search my car?
A : Ask why the officer wants to conduct a search. If you have absolutely nothing to hide, expediency might dictate that you let the search proceed. If you don't want the search to proceed, you do not have to consent. Usually, the officer is not permitted to conduct the search unless you consent, the officer has probable cause (see below), or the officer reasonably believes that he must search the auto for his or her own protection. Ask courteously whether the officer has a search warrant or if you are under arrest. If the officer replies that you are under arrest, ask for an explanation.
Q : What if the officer insists on searching my car?
A : Don't interfere. You can always challenge the legitimacy of the search later in court.
Q : Can the police legitimately search my vehicle without a warrant?
A : That depends on the circumstances. The police would not usually have the right to search your automobile when you are stopped only for a minor traffic offense such as speeding, but if the violation requires that you be taken into custody (for example, a "Driving Under the Influence" [DUI] arrest or driving with a suspended license), the search would generally be permitted. If the officer has arrested you, the officer does not need a warrant to pat down your body in searching for weapons.
In general, when an arrest is not involved, the police have more latitude to search a vehicle than to search a home. The U.S. Supreme Court recognizes an automobile exception to the Fourth Amendment's protection against warrantless searches. The Court has held that a person expects less privacy in an automobile than at home. (No one ever said "A man's Chevy is his castle.") The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. For a warrantless search to be valid, however, the officer must have probable cause. (See the "Criminal Justice" chapter for more details on this topic.)
Q : What is probable cause?
A : Probable cause, in this context, is a reasonable basis for the officer to believe that the vehicle contains incriminating evidence, so that the officer is legally justified in searching it.
Q : What part of the vehicle may the police search if they have probable cause?
A : Generally, the police officer may search the immediate area at the driver's command, that is, under and around the front seat. The law is always changing. Sometimes state constitutions offer greater protection against searches than the U.S. Constitution. Therefore, if you have questions about a search the police have made of your vehicle, it is best to consult a lawyer in your state
Q : May the officer search in my glove compartment?
A : Yes, the Supreme Court has held that such a warrantless search is permissible. The reason is that the glove compartment is within the arrested driver's reach.
Q : May the officer search a closed container inside my car?
A : Police are permitted to search containers or packages found during a legitimate warrantless search of a vehicle. The container must be one that might reasonably contain evidence of a crime for which the officer had probable cause to search the vehicle in the first place. In 1982, the Supreme Court ruled that the police do not need a warrant to search closed containers found in the passenger compartment of an automobile whose occupant is under arrest.
Family Legal Guide
Copyright © 2000, 2002 American Bar Association
07-11-2006, 12:02 AM
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I got pulled over in Post on my way home from school(Texas Tech) for no front plate. I originally thought he pulled me over for speeding so when he came up to the car i had this confused look on my face because i was def. not speeding though there. He took this as being 'extremely' nervous. He got me out of the vehicle, frisked me, then asked if he could search my car. I just said, "have at it" so he searched all around and found nothing. Let me off with a warning after all of that. The only reason i was gonna let im search my car is because otherwise he'd find some bs excuse to write me more tickets or call his buddy up the road to watch for me.
07-11-2006, 12:22 AM
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I can speak from experience on this PLease keep in mind I'm a Firefighter.....
I had God's Police (DPS) pull me over not too long ago in an area that I work. I wasn't speeding and had committed nothing wrong...other than driving by this dick. When he approached my door, I had my DL and ins ready for him. He id'ed hisself but never stated why he pulled me over...I believe a vehicle simuliar to mine had probably been stolen. He ran 10-28,29 on my truck and 43's on my DL which came back to me...so it's not stolen. I figured he'd let me go. Instead he "asked" to scearch my truck for contraband, I said no. He got huffy and stated "I could take you to jail." I told him to take me to jail. He called for a K-9 to do an outside sweep, after waiting for 20 minutes, the dog arrived. While doing the sweep, the handler of the dog let him get to close and his collar scratched my truck. Needless to say the dog nevered keyed on anything and I was let go, without a verbal warning and I was never told in the first why I was pulled over. After speaking the JP of the county I work in....i had the scratch on my truck repaired compliments if Texas Dept. of Public Safety. So much for professional coutesy
Gari
I had God's Police (DPS) pull me over not too long ago in an area that I work. I wasn't speeding and had committed nothing wrong...other than driving by this dick. When he approached my door, I had my DL and ins ready for him. He id'ed hisself but never stated why he pulled me over...I believe a vehicle simuliar to mine had probably been stolen. He ran 10-28,29 on my truck and 43's on my DL which came back to me...so it's not stolen. I figured he'd let me go. Instead he "asked" to scearch my truck for contraband, I said no. He got huffy and stated "I could take you to jail." I told him to take me to jail. He called for a K-9 to do an outside sweep, after waiting for 20 minutes, the dog arrived. While doing the sweep, the handler of the dog let him get to close and his collar scratched my truck. Needless to say the dog nevered keyed on anything and I was let go, without a verbal warning and I was never told in the first why I was pulled over. After speaking the JP of the county I work in....i had the scratch on my truck repaired compliments if Texas Dept. of Public Safety. So much for professional coutesy
Gari
07-11-2006, 12:26 AM
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I tell ya that is why I keep the interior of my car CLEAN....Aint **** there for them to find if they do search. Except some change in the ashtray....Comes in hand since i don't smoke....
But best thign to do it just let them search, and get it over with. If you have nothing to hide then why fight it?
But best thign to do it just let them search, and get it over with. If you have nothing to hide then why fight it?
07-11-2006, 12:34 AM
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Its probably a lot easier to let them go ahead and do a search if your clean. If not then your screwed anyways because like they said, the dogs are coming and will probably bark whether you have something or not.