Drivers Have Right To Refuse Search

[vta]

A good reminder.......
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URL: http://www.mapinc.org/drugnews/v08/n1040/a08.html


DRIVERS HAVE RIGHT TO REFUSE SEARCH

Police reports tell the story time and again.

A driver is stopped for a traffic violation and winds up in jail for carrying illegal drugs, alcohol or weapons.

A common subplot: Officers ask the suspects for permission to search their vehicles, and the suspects consent, even though the thumbs up almost guarantee their arrest.

A fact that poses the question: If guilty suspects are so willing to forgo their rights and submit to optional searches and seizures, how many law abiding citizens do the same?

"We live in a country where citizens are on equal footing with the government," said Monroe attorney Charles Kincaid, who specializes in civil rights. "We have a right not to consent or assist the government in making a case against us."

When stopped by police, drivers are required to give their license, registration and proof of insurance unless they have a search warrant. Nothing else.

Police can, however, search a vehicle or person without a warrant if probable cause exists to believe the driver is involved in illegal activities or if the driver gives consent.

Probable cause exists when an officer believes he has enough evidence to make an arrest. That evidence can range from nervous behavior, or a scent of alcohol or marijuana coming from a vehicle, West Monroe Chief of Police Christopher Elg said.

Officers can ask to search a vehicle without probable cause, but the driver can choose not to consent.

Before asking the driver to consent to a search, the officer should make it clear that the driver is free to leave, Elg said.

While it's true that some may not know their rights, Elg said police see another side. He believes one reason the guilty consent to searches is that they believe they can get away without being caught. Refusing a search "could be for a variety of legitimate reasons," Elg said. "It's not an indication someone is guilty."

No coercion should be involved, and officers can't use trickery, Elg said. But the fact that police do ask permission to search clearly has led to daily arrests.

One example of the good police work came last week, when state troopers from Troop F stopped an 18-wheeler carrying 70 pounds of cocaine. According to the arrest report, the driver gave the arresting officer consent to search his vehicle.

"To protect the innocent, rights have to apply to everyone," Kincaid said. "The extensive rights that we have are what separates us from other countires."

While the right to resist questioning and searches by police is only one example of how Americans can assert their rights, the risk of not practicing these and other rights could be serious, Kincaid said.

"If we don't exercise our rights, ... these rights are going to wither from use," Kincaid said.

 

[SomeGuy]

I suppose people mistakenly believe that if you agree to a search, the kops figure they have nothing to hide, and therefore they won't actually search them.

We all know that this isn't the case and a quick search on news.google.com proves it beyond a shadow of a doubt.

 

[Pythagllio]

Tractor trailer driver with 70 lbs of blow? He might have not even known it was there. Some people wonder why I would never give consent even if I 'know' I'm 'clean'. I 'know' that the car I just rented at the airport doesn't have (whatever) in the trunk how? Heck, I don't even know if my car is 'clean' as evidenced by the film can of pot I found under the seat last week. It had been there long enough that I couldn't even place when I'd lost it.

Officer: "If you don't have anything to hide why would you refuse me permission to search?"

Me: "If I don't have anything to find, why would you want to look?"

 

[kmk420kali]

**Sits here imagining the scenario, in Downtown Riverside...telling a cop he can't search your car**
Even though the same rights apply...the cops will ignore them, and search you anyways...only to be hammered out in Court...(At great expense to you--)
This part will not change soon...they hate us...because we are what they wish they could be...but they became cops instead!!
Best advise....DON'T GET PULLED OVER--

 

[firsttimegrower]

true story real quick i was speeding slightly 50 in a 45 with a broken exhaust a cracked windshield and a 3months expired insp sticker. all ticketable offenses in my state and2 of which are points on license cop walks up. i ahve my reg and license in hand and car shut off with keys on dashboard. the cop says where you coming from i say where he tells me im lying (because i took backroads during rushour) says im lying where are you really coming from i said im not lying i really did coome from there. He then tells me to unlock my rear door so i do exact words are(unlock your rear door) he then opens my rear door and starts searching around my child seat. I say excuse me sir why are you searching my car? He says get out of the car NOW screaming at me. he rips my car door out of my hand pulls me by the the hood of my sweatshirt around my neck out of the car ramsd me into the car and searches me telling me he was searching for weapons im my car within reach and that he can legally do that sreams at me for 5 minutes and then tells me to get back in my car without searching it and goes to look at my info on my license... licensed 8 years no tickets in 6 years no accidents in 5 years never been arrested....ever. he comes back 5 minutes later and tells me i can go NO ticket NO warning nothing. moral of my story is some cops will do whatever they want but if you dont say no. you can never take it back at least your trying if you say no. also if you dont consent the cops can make you wait a reasonble amount of time for a police dog to sniff your car. dont fall for the ill take it easy on you if you give it up now shit either

 

[yamaha_1fan]

Alot of cop cars have dash cams now. If you are ever pulled out of the car or forced out, make sure you look at the cop car, shake your head and yell I dont consent to a search.

I know someone who runs the motor pool for the sheriffs office here and he told me those dash cams are for protecting citizens just as much as for protecting cops. He told me its almost impossible to loose the data. Its recorded on DVR and has a wireless connection. Whenever they come to the motorpool, sheriffs office, gas pumps or courthouse, the data downloads automatically. Also the officers cant shut the cameras off

 

[hkush]

This never happens to me and I'm purposely a dick head to the cop whenever I'm pulled over. Yes, it's against all recomendation to be an ass, but I can't help myself.

I answer no questions, not where I'm headed, where I'm from, anything. It's like they somehow know they're getting nothing out of me.

Was pulled over in PA a couple years ago heading into the state doing about 80 mph, the cop asked if I was "in a hurry" and I rudely said yes, so HURRY and write my ticket.

Another time a cop was coming towards me, saw I was speeding and turned around. He didn't have time to clock me so thought he would ask me how fast I was going, and I just laughed. Then he told me to man up and admit I was speeding, and I laughed some more. After a couple of minutes he came back with a warning for "speeding", no speed specified. I threw it down on the floor.

And yet - being such a dick, they never ask to seach, so I never get the chance to tell them hell no.

Such is life.

 

[pedrodepaco]

Hows about you construct a hiding spot hide your dope there give the cop consent and he will probably search the ovious places under the seat in the console and glove box mabet the trunk then let you go.

 

[BurmeseDragon]

Well you never have any rights, but you do have the right to attempt to keep them from searching your vehicle. Ya so you don't have to let them do anything with verbal permission, but they don't really need it either. It always depends on what closed circuit of a court system they are working in/for. Seems that if nobody protects your rights, you have none to speak of.

 

[SkareCrow]

never let a cop search your car. recently the supreme court ruled that even if you are guilty of a traffic violation the cops still have no right to search. if its late at night just tell em "hey if you really want to wake up a judge this late just to come up empty handed then be my guest!"

 

[dankitydank]

some moron got pulled over on the highway in my town the other day with 56 lbs.
doing 80 in a 65. on maybe the most patrolled road on the east coast. at the most patrolled spot on the interstate, a local no less who should have known better. Suspended license, instant warrant to search the car. NO LIE.

if you dont have a license, please dont transport marijuana.
best way to not get searched, drive properly, turn signal, dont speed. be respectful to the police. they are just doing their jobs..

 

[rocky_mtns]

...what's frustrating is that when you do not consent to their search, many power-hungry cops get pissed and bring a dog out or call one to come by. Then they can do whatever because we all know they train those dogs to false-alarm under the cop's discrete signal. Don't get pulled over in the first place.

 

[Julian]

I know a lot of people........from a lot of places.....who have done a lot of things.......

Here's one real scenario:
Guy gets stopped, contraband hidden in special spot.....consents to search, items not found, and he's on his way.

More of that scenario: If he would have refused, dog was readily accessible and would have hit on it. (Even if not, sure a false alert would have occurred as he refused....)

In that specific case, consent saved his ass.

Each and every specific situation a different set of issues.....(and all the nuances of drivers behavior and answers to any questions which in a lot of cases is the reason they asked........)

If one digs deep enough, they can possibly find data regarding stops, which is very interesting if one has a week to spend reviewing it...(I've seen such reports, and truly amazing that any and every single possibility and scenario can be broken down and reviewed......ie: "black woman, compact car, weekday evening, what time, what area, what district, what reason, searched or not, etc....." and on and on and on.....

Depending on the department....many are becoming more and more by the book regarding procedure and dash cams....usually the lower you go the more questionable the process becomes....ie: State on down......Most state police, troopers and such becoming more and more "professional"....

Best thing one can do if engaged in such is be stopped as much as possible when clean to "get used to it"......if you've never been pulled over and the first time you are your heavy....well.....not going to have good results regarding your behavior...

It always amazed me that people who do such know so little about what they are looking for....from the most simple things all the way through psychological issues and physical reactions.....ie: Story is good.....but how about the contents of vehicle?........Story and contents good....but how's your breathing?....Story, contents, and breathing good, but do you know that they can see pulse in temple and neck?

And so on.....

(Mostly referring to Interstate Interdiction as per original article and post....farther down you move and local, whole different story, and, in some cases quite possibly easier as they're not trained nearly as deep as most state troopers in interdiction and such.....ie: downtown Minneapolis vs. Texas DPS in panhandle on I-40, etc.....

Chances against a dog not nearly as good as chances on a manual search depending on what is there and where it is....

 

[LolaGal]

I found some stuff from the previous owner hidden in the trunk 8 years after I bought the car.

Used cars need an exemption of some sort.

 

[Strainbrain]

When I was 19, I 'took the bait' and consented to a search because the cop told me if it was "personal-use amounts" that we'd all walk away. He was Hi-Po and said only trafficking was worth his time. When he pulled us over, smoke was all but literally rolling out of the car. It's not like he needed consent, we were 105% busted from the get-go. I figured I had little to lose.

Smart decision. He found a quarter - of genuine Maui Wowie no less - 2 pipes, and a pack of papers. My name was taken down... in ball-point pen on the palm of his hand. I was on my way, free as can be within 45 minutes.

You never, ever know.

(This cop, when he pulled out the bag, showed it to the other cop and gave an unmistakably-approving look that can only be described as the facial equivalent of "DAAAAAAAAAAAAAAAAAAAAMN."

100 to 1 they split it down the middle and enjoyed every last bit of it themselves, probably with the papers they took.)

-s

 

[boroboro]

I found some stuff from the previous owner hidden in the trunk 8 years after I bought the car.

Used cars need an exemption of some sort.

LOL! My brother had that happen with an old VW van he was driving through the U.S.A - Canada border a few years ago. Except the border patrol found it instead of him.

At least it was the Canadian side, guards just took it and let him go.

 

[UpperEchelon]

When I ride I put everything in glass jars in my backpack in the trunk, that's why I'm never gonna buy a car without the 60/40 split in the rear seats. If you get stopped throw that shit in the trunk and close the seat up. Don't smoke while transporting, don't speed and don't blast your music. I'm always polite to the cops now, I've learned my lesson. Speak as little as possible and don't look directly at them if your high because their checking for dialated pupils. I've had a cop give me a speech because I wouldn't look directly at him about how cops aren't bad people and they are here to help. He just may have been 1 of the decent ones.

 

[Julian]

Good Post Julian, Good post.

Thanks man, but couple things....

And one can take bud or weed itself and rub it various places.

If talking highway, absolutely unwise........hit is enough and if something not readily found they will bring car back to take it apart...(lot of people packing frames and firewalls and such....)

In fact, most people forget to wipe exterior down (door handles, around, in, etc.....) with alcohol....

Spray the hunter's scent or rub weed all over other places on the vehicle. If dogs are brought out they go crazy on those places that are nose high and exterior to the vehicle.

Don't speed, pay attention to signs, ask passengers to help you out if you pass a speed change without noticing. I have done this, as where I am at there are loads of speed traps and vehicle searches are very common.

Act responsibly, use you signals, don't have a car that is all pimped out, don't have a Riding Dirty bumper sticker on your car. Don't play your music so load that others can hear it.

Well, if talking highway interdiction, violations not necessary...could just be catching their interest.......simply as certain plates from certain states....they may even create the violation...(been there, done that .....)

Driving with ps one thing.....any amount another thing......sealed and cleaned as little before trip as possible, and then the entire picture follows......

Barry supplied a small portion of information, but, in reality, if you look at his length of employment and arrest and seizure record, he's still an amateur.....(I've never been affiliated with any state police, but could probably provide 10 times more information on specifics than he......so.....)

Lot of angles but in the end it's probably packing and demeanor that get most....

One can't really find any agency whose records show a 100% rate on request for search to stops.....in fact, one might be amazed to actually see figures regarding stop-search request-seizure......they're quite surprising in even the hottest areas if one reviews the data.....(well, again, except Texas DPS ....)

They do realize it's a numbers game.....(again, numbers can be found for any agency if one looks hard enough and in the right places.....)

As always.....I give examples, and I say things, but, rest assured, not giving exact examples and saying everything ....

But I will say this: ...
I've seen searches cut short and abandoned when vehicles were heavy

(And to any law enforcement reading....don't kick yourself.......there is nothing that could have been said or done on your part......you were doing the right thing and everything by the book....they just knew everything you know (which, honestly, very few do.....)

Overview is endless.......neglect to any single issue can cause failure....from driver and passenger(s) to story to contents to vehicle to origin and destination through speech patterns, psychological issues all the way to physical........

An example of some of the above?

You can't say you have been somewhere for 2 weeks and have 2 days worth of clothes

You can't say you were hanging out somewhere warm and not have any color ...(Even if not into sun and such...just walking around will get your face and neck and arms.....even minimal exposure and sunscreen.....)

You can't say you were with friends and family but then be unable to answer where they live or questions about the area your supposed to have been hanging out in for a week..(even if don't know the area......)

Speech patterns...word selection....body language..... (You can't sit there and say "honestly, I have nothing to hide" while messing with your hair, touching your chin, nose, ears...........)

Expansive subject?........beyond what most can comprehend....

Worth the study for someone with even one experience?

Absolutely.....

What one knows, or does not know, can be the only claim to freedom in some cases......

Btw......physical reactions are the #1 source of highway seizures...

The shaking.

(I don't care who or what you are....people can play it all off all day long...but in the end, even the most seasoned veteran can't completely hide the fear....)

1/2 a valium though helps out with that

 

[hkush]

From that same Barry Cooper video. Take some seeds and stems, put them in the blender and turn it to dust. Spread the dust everywhere and the dog hits on everything. They then have to put the dog back in the cage as it is useless to them, and attempt to do a manual search. Maybe they find it, maybe they don't.

 

[quest]

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