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LMNO
If you refuse to let a cop search your car, can they impound it?
I was pulled over the other day going 8 over the limit and the cop said he smelled marijuana (which is total BS I don't smoke pot and there was none in the car) and asked to search the car. When I said no, he said that he would impound the car and search it at the police station. That's not legal is it? Is the imaginary smell enough cause to impound my car?



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MONA H
yes because if you have nothing to hide then you have no problem letting them search it. you look guilty when you refuse.

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Salis S
Rating
That is illegal, but the cop can hold you there long enough to get a search warrant. The way they see it, if you have nothing to hide, why not let them search your car. By saying no, your just inviting trouble.

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LSU (9-1)
No they can not. Never let a cop search you car, even if you are clean it pisses them off when you refuse because they can't control you.

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mikesdaman71
did you let the cop search your car? Second of all it is your right to discuss your issue with the cop i can help you get out of the ticket as for what happend i need more details if you would email me the whole story at mikesdaman71@yahoo.com

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ARCop
If he said he smelled the odor of marijuana in your car then he had probable cause to search it. I know it is inconvenient, but I don't understand if you don't do drugs, why would you not consent to a search of your vehicle. I was taught in training that only 1% of the population refuses consent based soley on their 4th Amendment Right. As far as him impounding your car, it would be whatever his policy and normal practices are, but I don't see how it could be legal.

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wfsgymwear
Based on experience and training the officer can gain reasonable suspicion to search your car based on the smell. Yes, he can tow it and search it at the station if this is the policy and you refuse to let the search take place on scene. You however, should probably not be searched unless the officer feels he/ she has probable cause to search you. However, he/ she may deem it necessary to pat you down for weapons when you get out of the vehicle. If there is nothing in the vehicle then you should probably let the search take place and be compliant. This saves time and keeps you from being looked at later. If you are the "guy that was a jerk when asked to be searched" then other officers will find out about it. You will have a tough time... From then on out everything you do better be legal...

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Lori H
It is not legal in Oklahoma. That is just a threat for people that do not know better and will let them look so there car won't get impounded.

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oogabooga37
I don't think so! I wouldn't have let him do it!

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enrichmylife
defendent is right... If u say no , the cop will find or make something up because now he is really interested in finding out why you dont want your car searched. 99% of police that said they smelled pot when there was no pot smell will find a reason and if they lie about smelling the pot and u piss them off what % might just say "sorry my bad have a nice day" lol

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tex
reality is different than the law.....in texas, all the officer has to do is find "reasonable suspicion" and he can search ur vehicle right then n there without a warrant. the smell of marijuana is "reasonable suspicion".

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krollohare2
In order to search your car without your consent and without probable cause, he needs a search warrant.

He was BS ing you to try and get consent by threatening to impound the car if you wouldn't let him search it.

When confronted by the police, always exercise your right to remain silent. Never consent to a search of your car. Never do anything but give them your name and address and your DL and insurance, etc.

PS Cops are great planters.

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defendant
Rating
Ever heard the old saying " THERE'S MORE THAN ONE WAY TO SKIN A CAT " if the officer wanted to search your vehicle, he/she would! The only reason he/she ask for consent, it's a little easier and the person who gave you an answer to exercise your right to remain silent. You do not have that right unless you are under arrest! By failing to answer an officers question is a type of resist! This will get you arrested and then a search incident to arrest can be conducted. Get the ideal !!!!

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alokpinto
He cannot. It is against the 4th Amendment. He has to have probable cause to search your car without a warrant, which he did not have. Speeding at 8 mph over the limit is not such probable cause. If there was no marijuana in the car, and you were not coming from a place where people were smoking marijuana, and you don't smoke marijuana at all (and thus, there is no way he could have smelled marijuana), then he has absolutely no basis for his belief that there was pot in the car, and he loses.

I hope you got his badge number and his precinct, and know a lawyer if he does try to. Any lawyer would RIP into that so quickly.

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