has anyone here refused a cop to search your car?
explain outcome of this.
has anyone here refused a cop to search your car?
has anyone here refused a cop to search your car?
explain outcome of this.
Didnt search my car.
i havent but the outcome would prob be gettin a drug dog out to give probable cause.
i was debating this w/ couple tools at work - "if you say no they are going to search you"... i was told that cops never take NO for an answer.Originally Posted by jacktheraper
but again if you have done nothing wrong they need probably cause to search... so even w/ drug dog the dog would have to smell drugs before they would have probable cause or the officer would have to say he saw/smelled drugs
my buddy did they brought the k9 and the dog scratched the door.
Hella stock member!
didnt even know they asked........thought they just did it
well they have to have probable cause, and if your not doing anything wrong then you can say no, and if they do the search then its a lawsuit if you have the balls to sue.
Most cops, as in 99%, do not take no for an answer. If they want to search you, they're going to some way or another. I love it when kids at parties say that if you don't answer the door the cops can't do shit, as if they wont stand outside and beat your door down until they get in somehow.
here you go
When are police legally allowed to search me?
Police officers are legally allowed to search your home or your property if they obtain a search warrant. To obtain a warrant, police officers must write out an affidavit -- a written statement under oath -- to convince a judge that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
As a general rule, searches conducted without a warrant are automatically unreasonable and hence violate the Fourth Amendment. But in fact most searches occur without warrants because police take advantage of these many legal exceptions to the Fourth Amendment:
WARNING: If you ever face a real-life police encounter where the officer is urging you to consent to a search, do not try to figure out whether or not the search is legally permissible. You must assume that the search is not legally permissible and that the search will only be legal if you consent.If an officer is in fact legally allowed to search you, you have nothing to lose by refusing to consent.
- Consent Searches If the police ask your permission to search your home, purse, briefcase or other property, and you freely consent, their warrantless search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during a consent search can be used to convict the person.
- Plain View Rule This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.
- Searches Made in Connection with a Legal Arrest Police do not need a warrant to make a search "incident to an arrest." After a legal arrest, police can legally protect themselves by searching the person and the immediate surroundings for weapons that might be used to harm the officer. Consequently, whatever an officer finds during such a search can be used to convict the person.
- Exigent Circumstances A judge may uphold an officer’s warrantless search or seizure if "exigent circumstances" exist. Exigent circumstances were described by one court as "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence."
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I refused a search, but the officer searched me anyway. Was it an illegal search? What should I do?
Unfortunately police sometimes search you even if you refuse consent. If they find anything illegal, you’ll have to get a lawyer and fight it out in court.
If the officer convinces the judge that there was probable cause to search without your consent, then the evidence will be admissible in court. If your lawyer convinces the judge that there was no probable cause, then the evidence will be thrown out and your charges will be dropped. Every case is different so it’s hard for us to tell you how good your chances are in your particular case. Your attorney should be able to tell you what to expect from the judges in your area.
If you’re searched illegally and nothing is found, you should still consider taking legal action or at least filing a complaint. Local attorneys, as well as your local ACLU and NAACP chapters may be able to help you.
no, normally you will just say ok out of fear. thats how cops work effectively is based on the fear of the public. know your laws and be on the same playing ground as them.
this is what i was saying... worst thing that can happen is they search you w/o probable cause or a warrant and you can file complaint or possibly sue. you can't get in trouble for saying NO when they ask. they ask b/c they have no other way in your car legally.
yea,i mean as far as i know nothing illegal has ever been in my car(unless something from previous owner)since i dont drink or smoke,only thing in my car is some cds and insurance
granted it would be way easier to say YES but then again you have the right to say NO. maybe its just me but if i haven't done anything right i feel i should stand up for my rights and say NO.
yea you cant get in trouble for saying no, but if a cop ask me to search ill normally say sure cause
A: i dont have anything to hide
B: i was probably speeding so being cooperative might possibly get me out of a ticket or get it reduced, everyone likes a nice person.
if your having a party and the cops show up, can they come into the apartment? or do you have to tell them they can come in?
does it make a difference if its an apartment or a house?
"COREY BLADE SHUT THE FUCK UP YOU RETARD, YOU SCAMMED SOMEONE YOU HAVE NO ROOM TO TALK!""nah bitch stfu you little yellow snot rocket ricer.
They were rota's mother fucker!"
Well cops legally cannot go into a locked trunk. Same with your house. They need a warrant to legally search either. If they search it anyways and find anything you'll go spend a night in jail, have to post bail, and then your case will be thrown out when you appear to court.
Know your rights, but know that they only hold up in the court of law and no cop likes being told what he can and cannot do.
02 WRX Sport Wagon
well if you open the door and they see illegal stuff then they can enter w/o you being ok with it. hell if they smell it that gives them probable cause.
or if a jackass at the party calls the cops and says something is about to happen to them they can enter.
how can you get in trouble if asked to search your car if you say NO? it is your right to say NO. it doesn't mean throw yourself in front of him and try to stop him. he can only search w/ probably cause or a warrant w/o your consent.
thats what i said, you cant get in trouble for saying no.
i was just stating why i say yes.
and the yea at the beginning was agreeing with you. should have put a comma there.
gotcha i misread
since were on this legal talk.........i got pulled over couple months ago for no reason,so they coem up to my window and say they are on the look out for a car like mine,said it was from some rape case,then after they said they didnt think it was me..he said well since i have u here lets see if u have any warrents....now i dont
is any of this legal? if they would have tried to charge me with anything? even ticket
yes its legal, you matched a description. also searching for warrants while they have you there isnt illegal
i think they can stop you b/c you possibly could be the person they are looking for... as for the warrants looking up i don't know.
but they could make up the whole story,and just profiling me
could have but i doubt it.
well i my parties only have alcohol. no drugs. but if they see a bunch of beer, and its obvious that its not a bunch of middle school kids there, they cant do anything, just asking cause my 21st is next week and i will have like 5 people that are like 19 or 20 and i didnt want anyone getting in trouble
"COREY BLADE SHUT THE FUCK UP YOU RETARD, YOU SCAMMED SOMEONE YOU HAVE NO ROOM TO TALK!""nah bitch stfu you little yellow snot rocket ricer.
They were rota's mother fucker!"
yea just dont let them in, and show them your id, and the ones under 21, hide em. oh and be respectful. they normally go to parties cause of noise complaints.
thats what i figured, its at my friends apartment and i didnt want him in trouble for supplying to minors or anything or people getting MIP's
thanks
"COREY BLADE SHUT THE FUCK UP YOU RETARD, YOU SCAMMED SOMEONE YOU HAVE NO ROOM TO TALK!""nah bitch stfu you little yellow snot rocket ricer.
They were rota's mother fucker!"
Man it must suck to have cops that care about drug use at parties. Most of the APD and GTPD around here just come up and tell you to turn the music down and dont care whats going on 10ft from them. Last week my neighbors had a cop come up and tell them to quit blowing off fireworks at 2am and their dumbass friend kept hitting a bowl on the front porch . . . cop drove away and said if he had to come back there would be bigger problems than just fireworks.
I even had a cop call me out on being stoned at a party my freshmen year of college, he asked if I was high or drunk (I was both), and being underage and stupid I said high and that I didnt have anymore (I didnt), so he told me to get a ride home since I was underage and didnt need to be around alcohol. Coolest cop ever.
90% of cops is how you deal with them, 10% is the cop's general attitude regarding the situation.
02 WRX Sport Wagon
Never been asked.
I have before and I have told them no before. depends on the attitude of the officer, if there nice and just giving me a warning or something I will let them out of courtesty. but if there a dick and don't have anything just trying to find something I will say no. I know the plain sight rule, and if they really think you got something they can hold you and let a drug dog sniff around the outside of the car. Most cops just ask because most people assume they have to.
i have only been asked once and i was in HS - i let them do it but i would never say yes just for the sheer fact i don't have to. though it is a waste of both of our time to delay such things i just would get off wasting his time/mine and then him find nothing.
I've been asked 3 times. I refused 2 and consented to one cuz...well I wasnt in a rush and wanted to see what they look for.
BeFF <beef>
GECKOSQUAD
I was in work clothes driving a rental jeep when I was pulled over for an illegal left turn in NJ. I played the "I'm lost" game like a champ and blamed the GPS lol.
My license was beaten up and he thought it was a fake... stupid pig. He says "I've seen GA licenses before and this one is fake". I just said "Well this is real - do what will."
I consented to a search because the car was empty, and since I made an illegal turn and didn't have proper registration on the car (company rental) - I wanted to be nice to him.
He let me go but not before asking me a ton of stupid questions with 4 back-up cars. I swear the other (younger) cops were trying not to laugh at the first cop's paranoia, it was pretty funny.
I've had this happen many times to me. I've done both, but the time I said "no" was just because I wanted to watch them sort through all sorts of shit and see them on all 4's like a bunch of retards, thinking they would find something that didn't exist.
Of course, I've had them search the car WITHOUT asking, and that was when there WAS shit in the car...A LOT of shit at that. I actually got felony drug trafficking charges when they found what I was concealing, but thanks to the good old 4th amendment, they had to drop the charges for the 1000 pills, pages of acid, and few thousand pharmies they found. Boy did they think they hit a gold mine though, lol. It all blew up in their face when we went to court though, thanks to a good attorney, and a pile of cash!
I call BS
I hope you're not serious. I guess I could post a copy of my NCIC on here, but I'm not really that keen on doing that.I call BS
i'll believe considering the source
Exactly. The people that have been around for a minute, know me, and know I don't bullshit. That happened in summer of 2001, so it was awhile ago...back when I was up to no good, lol. I got lucky though, because if I was convicted, I'd probably still be in prison.i'll believe considering the source
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