
wuxxler
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If he asks for your permission, you certainly don't have to give it. But if you refuse and are acting guilty or nervous about something, you are giving him reasonable cause to perform the search, and he can then get a warrent and search your car without your permission. This process could take hours - all while you stand on the side of the road waiting for the cop's supervisor to show up with the paperwork. If you've got nothing better to do today, go ahead and waist your time and his. He gets paid the same whether the traffic stop takes 15 minutes or 4 hours.
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cordella howard
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yeah
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The D
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Don't break the law or have anything illegal on you and you won't have to worry about it.
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Back Attcha
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Absolutely not; unless he smells dope or alcohol most cases he would need a search warrent unless you give him permission...
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MESH
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They will do whatever they want to do. You have no rights.
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Tyler H
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Without any cause to search your car they cannot search your car without consent. Unless they are/ call out a K-9 unit I belive they can search without consent or not. hope this helps!
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kamara
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The United States Constitution Protects us from Search and Seizure. You indicated in your question that the officer "asked" you to search the car. You had the right to say NO. He did not have the right to search. Unless he felt the IMMEDIATE THREAT TO HIS PERSON for a weapon or he saw some contraband, he had no right to search you car. Most law-abiding people do not know that. Ninety nine perceny of the officers of fine people, its the one per cent you worry about.
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Dragon'sFire
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I know in Illinois he doesnt have the lawful right, but try to convince anybody of that..
They will take his word over yours anytime...If he stops you for one thing and he finds something else, and you get arrested for that, even though illegal, try to prove it..
Even though we are assumed innocent til proven guilty, in reality it works the other way around, where you have to prove your innocense.
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Big Dogg
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No!
Under no circumstance should you ever give consent to search your vehicle. Police need a warrant or probable cause.
Now...if they tell you they are going to search your car with or without a warrant DO NOT INTERFERE! Repeat that you have not given consent and ask for a lawyer. If you try to stop them, it's a crime.
Don't answer questions they ask you while they search the car. The only questions you should answer are general information questions about yourself (name, age, birthday, home address, etc.). Anything beyond that, tell the officer you would like to talk to a lawyer before cooperating any further.
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.. .this can't be good
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No, they cannot search without consent. They will shine a flashlight and look around in the back seat "for their safety" to be sure someone isn't hiding. Other than that, they need probably cause. Speeding isn't probably cause - smelling drugs or alcohol might be. Always say NO!! Let them bring the drug dogs and whatever they want to do. Answer questions yes/no and give only name & address info. Other questions, tell them you want your attorney.
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sparkles
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well if you had a car full of teenagers most cops consider it "resonable" cause to search your vehicle. They normally ask first, but even if you refuse they will just search it anyway, not sure exactly how it works as far as you refusing. But why would you not give them permission??? Hiding something?! I would WANT them to search it if nothing was there then they just wasted their time and looked like asses!
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fr_chuck
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They may always ask to search, they are allowed to look around the area where the driver is sitting for weapons
* and of course what else they may find while looking for weaopns.
And of course they question people if they suspect them of something else,
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shrty0525
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There has to be something in plain view that is illegal or suspicious - or you have to give them permission.
They *can* detain you at the scene if you refuse (or take you all to the pokey) and bring in drug dogs, etc.
If you have nothing to hide, why not just let him do it so you can go on your way?
It's very possible that they had a report on a vehicle like yours and wanted to make sure it wasn't that vehicle.
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Dr.Bucksnort
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i will say this as honest as i can , as a police officer ,
if you allow a police officer to search your vehicle with out a warrant your a complete fool . NEVER consent to a search of your vehicle , the only time a officer such as my self does not need a warrant is if a item is in plain view . just like the other right to remain silent . DO IT the best thing you can do when arrested is KEEP YOUR MOUTH SHUT . bet ya never thought you would hear this from a police officer now did ya
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Casual Traveler
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In this case, the officer was asking for your consent. If you had given him consent to search, he could have searched your car until he was finished or you told him to stop. Just because you say yes, doesn't mean you can't say no in the middle of the search, although this may arouse suspicion. You would be amazed at how many people give consent to search and have drugs or other contraband in the car. In Maryland two or three years ago, two people gave a Maryland State Trooper consent to search when they had a dead body in the trunk of their car.
Other than consent, he would need probable cause to search or obtain a search warrant.
Although I worked with Law Enforcement, I would advise against consenting to a search. You never know if a friend of yours weeks earlier had something illegal and shoved it in the seat or it fell out of his/her pocket. You never know, so to be safe, just say no.
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