Police asks to search - would you allow

[timjet]

There are several interesting video's on this and most say never allow a cop to voluntarily search your car.
It's my understanding in most states unless a cop has probable cause of illegal activity you can refuse the request for a search.
What will happen after, at least according to some of these video's is anyone's guess. But you are likely to be intimidated into agreeing to a search.


Anyone have this happen to them? What did you do? What happened if you refused?


Here's some info:https://www.flexyourrights.org/faqs/...arch-your-car/

[hohenwald48]

Never give consent to search anything. Police will do what they will do but refusing consent puts the onus on them to provide proof of probable cause. With consent they don't need probable cause. Obviously, don't try to physically prevent them from doing just about anything. Argue in court and not on the street.

[SarahW]

I'll just say, "it depends". No blanket response will fit all scenarios.

[timjet]

Originally Posted by hohenwald48

Never give consent to search anything.
Snip

My thoughts exactly, but by refusing what legally or even likely if they can intimidate you can they do?

Think of being in a rural area, you refuse and they say OK, were gonna impound your car and jail you until the judge shows up in the morning.

No telling what they'll find in your car.

[weredoingit]

Years ago my truck was searched in Texas, I had Ca. plates. I was not asked I was told and I didn't argue. They found nothing and I was allowed to leave.

Sometimes refusing, even if you have nothing to hide can be more of problem for you. Not all police are honest or looking out for you. But who is the Judge going to believe? Like it or not, I told my kids and now my grandkids, If your stopped by the police, it's yes sir or yes mamm. Even if you have done nothing wrong. There was a time when anyone in a uniform meant they were the good guys, unfortunately those days are gone.

[CWSWine]

The only time I have had anyone with of authority ask to enter my RV was at the agriculture inspection station entering California. I allowed it since I had nothing to hide. I often wondered if I refused with he would have done.

[FlyingDiver]

Originally Posted by timjet

Think of being in a rural area, you refuse and they say OK, were gonna impound your car and jail you until the judge shows up in the morning.

If they don't have probable cause to search, then they don't have probable cause to impound. They can try to intimidate you into consenting to a search, but they can't (legally) detain you longer than it takes to write a ticket.

[mobilemike]

Its called the 4th Amendment.

As well as the cornerstone of our judicial system

Innocent until proven guilty.

[FlyingDiver]

Originally Posted by CWSWine

The only time I have had anyone with of authority ask to enter my RV was at the agriculture inspection station entering California. I allowed it since I had nothing to hide. I often wondered if I refused with he would have done.

Told you to turn around and not enter CA.

[AE Wanderer]

I would have to ask where this searching is taking place. I go onto bases regularly with my motorhome and have never been searched. In the last 40 years I have driven all 50 states. Yes, pulled over, but never searched. VA is the closest I ever came to being detained/searched. Had the wrong tag (old plate) on my company car. A ticket and I was done. Most RVers do not fit the profile what police are looking for. Now, New Jersey is a state I will not travel through. My Texas plates are an invitation for problems. When pulled over, your attitude is a major factor in how the stop goes.

[timjet]

I'm thinking mostly of being searched while driving a car.
The question is do you want to insist on your constitutional right to refuse a search and see if the officer takes that as a challenge and harass you or allow it and likely be on your way quickly.

[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

[AE Wanderer]

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

bingo!!!

[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