Police asks to search - would you allow

[timjet]

I hope an LEO or retired LEO will chime in here and give their thoughts and experiences.

[weredoingit]

Originally Posted by timjet

I hope an LEO or retired LEO will chime in here and give their thoughts and experiences.

I'm not sure why? there have been some very good replies.

[hohenwald48]

Originally Posted by engine103

I'm right along with you Old - Biscuit! And, I also taught my kids to respect the badge, take the ticket and then have your day in court. Jim E. OKC

The OPs question wasn't about getting a ticket. It was about giving consent to search.

[Cooperhawk]

Having crossed into Canada and back into the US several times, ICE doesn't ask. They tell! I don't think you can refuse them.

However they are usually polite about it.

[Mojim]

Originally Posted by Old-Biscuit

Blue flashing lights......I pull off and stop
Roll window down and place my hands on top of steering wheel
Asked for ID/Reg/Ins.....First I state I have a legally registered firearm in vehicle (still haven't moved my hands from steering wheel!)

Asked to step out......I do so
Asked to search myself/vehicle.......go for it


Side of the road is no place to argue 'legalities'......court of law is where I would if necessary


I have nothing to hide....no drugs, no contraband, no paraphernalia, no open containers, no illegal firearms, no abducted persons etc


I do not fear LEOs or wish to cause them grief ----not a job I would care to perform.


Attitude/respect go a LONG way.


One can be confrontational/puff up/act like a fool and the event WILL go downhill quickly------and nothing gained/accomplished


Act like a responsible ADULT and move on----simple

I agree with "old Biscuit".... again!..

[WeLikeCamping]

One does not have to be "confrontational/puff up/act like a fool" when stopped by police. However, one also does not have to consent to a search of your vehicle - remember, he/she is asking. You can respectfully decline a search and let the officer do what he has to do. There is no "arguing legalities" or whatever - especially since he is a cop, not a judge.



Definitely respect the badge, but also know your rights.

[barmcd]

I think you need to quantify the situation in which the vehicle is being searched.

At a border crossing, submitting to a vehicle search is not optional. You give implied consent when you enter the line to leave one country and enter another.

At the entrance to a military installation, the same rules apply. You are consenting to a search in exchange for entering the base.

On the side of the road, a LEO needs your consent or probable cause to search your vehicle. I would have to be given a pretty good reason to consent to a search of my vehicle. Declining their request isn't grounds for further action by the officer and they can't legally detain you just because you turned them down.

I believe there are additional rules governing a motor home that don't come into play with a motor vehicle like a car as it is also considered a domicile.

You can stand up for your rights without being rude and obnoxious.

[CountryB]

I remember when I was a teenager (think late 60's early 70's), my friend Mark got pulled over and the Cop asked "do you have any drugs in the car" (or something like that). Mark said "No", the Cop said "do you mind if I look?". Mark said "go ahead".

Then another Cop car showed up and together they pulled Mark's car apart. Removed door panels, removed back seat, took everything out of the trunk, and piled it all up on the side of the road. They found nothing, and left - and left Mark to put his car back together again.

In those days it was probably a 50/50 chance a Cop would find some pot (at least a seed) in a teeneagers car.

With that story in mind, today, I would not let a Cop search my car or rv unless I know what he is going to take apart and that he is going to put everything back in same condition/place.

[RoscoeV]

A few years ago when Pot was legalized in Colorado, Police in neighboring states would pull over vehicles with Colorado plates wanting to search their vehicles. Those that refused were held for hours while the police went to a judge to get a search warrant (so they say) and after a few hours the police would let them go. I believe the Colorado govenor then reached out to these states and asked them to stop harassing Colorado citizens without cause.

My point is you can stand your ground and refuse them to search your vehicle but you may be inconvienced for hours or longer. If I have nothing to hide I would ask them politely what gave them cause to want to search my vehicle, get their badge IDs and then let them do the search under my supervision.

[charliez]

It would depend on the situation. First of all, I don't do anything that would normally call for a search. I was stopped one time for speeding. Just a few mph over as the speed limit dropped going into a small town. The cop looked at every inch of the 5'er to do an onsite inspection. I was completely nice and professional to him, and he obviously had an attitude and something to prove and was looking for anything he could use. There was nothing to find. He did kinda of a DOT inspection. Looked at tires, springs and the bolts, got in the back of the truck and looked all over the hitch. Looked all under the camper. I probably would not have let him inside the rv. He was one that I would not trust and I could picture him dumping over all the beds and storage areas and cabinets, then saying ok you can go. I could also picture him putting something of his own in there somewhere. Same with the truck. I would not have let him search it.



If I came up on a road block where there was something looking for an escaped person, and I have came across it, I would let them look.


I think the key is, like an old timer told me once, you can't get hit of your not on the tracks, so there's not any reason if I were to be stopped to make any of them suspicious.

[Coral]

Let’s say you are driving through Podunk backwater USA with your new RV and the cop say we are seizing your vehicle. Read below and Google this for more info.


Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture or occasionally civil seizure, is a legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing.

More:

Police abuse of civil asset forfeiture laws has shaken our nation’s conscience. Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.


Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources.

But today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting.


For people whose property has been seized through civil asset forfeiture, legally regaining such property is notoriously difficult and expensive, with costs sometimes exceeding the value of the property.

[steve11669]

I would not consent to a search. It is my right and I take a stand for my rights and everyone else's rights. I try to remember to start my cell phone voice recorder when I see the possibility of police contact.

I cross the US/MX border several times a week since I'm staying in Tijuana but the search rule is not optional crossing either way through the border. I know this and respect that.

I respect LEO's but I respect my rights too. I have studied our rights and case law. I think our rights are weakened each time we allow a cop to do whatever he wants. I expect him to play by the rules because I play by the rules and have nothing to hide.

I watch the police on reality tv shows and see police bully, stretch the truth and generally take advantage if stupid people. I get disgusted quick both with the cop and the stupid person.

[engine103]

Originally Posted by hohenwald48

The OPs question wasn't about getting a ticket. It was about giving consent to search.

It was a side note "And I also" But thanks. Jim E. OKC

[TonyMac]

The answer, according to the Constitution my father and I spent our best years supporting, is "No".