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Glamorous |
if you get pulled over by the cops and they want to search the car...?
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and you say no what will they do? can they arrest you? or what?
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PAt
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pull ot ur tities and give 'em a head...
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MrKnowItAll
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It depends on the state. Here in Florida there is not such thing as probable cause. If they think you dress funny, then can toss your car. Heck, I have had my car stripped by the cops because they thought drugs were in it when I had just parked in a parking lot to get a coolata from Dunkin Donuts - they pulled out the carpeting and everything and threatened to shoot me dead if I came close to them while they were doing it.
So just make sure you dont have anything illegal on you or in your car - ever.
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goddess
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no, they cannot arrest you because it is your car and you have a right to say no. They need a warrant. If worse comes to worse, just let them do their job, you won't make yourself look suspicious!!
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420
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They need a warrant to search your car. So no the police can't search your car just because they feel like it.
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CaReBeAr
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they have to have probable cause.
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Rhode Island Red
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They can ask for a consent search, if you say no, it's no. If they look into your car, which they can do, and find anything suspect, they can call for a warrant and search your car. They can also search if there are exigent circumstances, meaning you would leave the scene before a warrant was obtained, but they must have some sort of reasoning to do so.
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foxiegixxergurl2004
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They have to have probable cause before they search your car. If you were pulled over because you were weaving or speeding...this could be enough probable cause to have your car searched. They don't have to ask permission if they have probable cause.
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Bob D
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You have the right to say no. The only problem with saying no is that a 5 minute delay for a traffic stop will become hours because then if they suspect you of something, they must get a warrant to search your car, which may take a couple of hours, then when they do search, that will not be fun, they will tear your car apart, taking a few more hours, not to mention towing it(at your cost). If you have nothing to hide, you should feel confident in allowing a search but to be honest, I have never allowed a search when asked(twice) and after a few minutes, I was on my way. Entirely up to you whether to give permission but be prepared for trouble if you don't. By the way, you will not be arrested for saying no, you will be detained for your safety which is basically the same thing except that you can leave, at which point they will arrest you. Catch 22.
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bAsic LiFE
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Cops ask you for consent, and if you do not consent, then the only other way a cop can search your car is if he has probable cause. Also, there is the plain view doctrine, which allows a cop to search you and your vehicle if he See's something illegal in plain sight (i.e. walks up to your car and see's drugs in the back seat). Also, a police officer is allowed to have you exit your vehicle at any point during a traffic stop. An officer also has the right to search you for his and your safety.
To answer you question, no, they cannot arrest you if you do not give them consent, when they do ask, it's usually because they don't have any other reason to search it.
However, some conditions do apply and it could vary from state to state.
Hope that was helpful.
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Gerry
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They have to have just cause to search your car!
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mikeysco
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Man, my admiration for John S just went up a couple more notches.
A couple of things to add, though:
Just because we "believe" you have something in your car you shouldn't have is no reason to search it without probable cause or consent. I stop plenty of people I believe are dirty as all get out, but without what's known as an articulable suspicion, my belief means nothing. In other words, if all I can come up with is, "but judge...LOOK at this guy...you've GOT to believe he was packing child porn in the trunk" I'm not going to get anywhere.
On the other hand, if I can come up with enough reasons to turn my belief into probable cause, then I can search. Just having a gut-level belief isn't enough. I have to have valid, legal reasons for my belief to mean what I say it means, and at that point it becomes probable cause.
Not only can you not be arrested for declining to allow a search, you cannot be detained for that reason alone. Too many people here seem to think we can arrest you and/or search when you say no, and that's just ridiculous. Since you have the right to say no, what sense would it make if, by exercising that right, you gave us the right to do the very thing you have the right to prevent?
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John S
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First, they do not need a warrant to search your car, if they have probable cause to believe that there is contraband inside. There is an exception to the warrant requirement for vehicles. If they have probable cause, then can search, and need not tell you what that probable cause is.
Second, if they do not have probable cause to search, then they cannot do so absent your consent. If you consent, it does not matter whether there was probable cause.
Third, if you do not consent, you cannot be arrested for that alone.
Here is my car search story. My first car was a 1958 Chevy Bel Aire. When I junked it in about 1967, I cleaned it out and found an empty vodka bottle under the front seat. I would have had a hard time explaining that had it been found. So my advice in such situtations is when asked for permission to search, politely say no. If the officer searches anyway, keep your mouth shut and stay out of the way.
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popeyethesadist
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if they have probable cause they will search it anyway. And have it towed to a station for the search and if anything is found you sure won't get off with a warning. And you will pay more that way to get your car back. If they have a reason to want to search they are probaly going to find something.
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jared
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Police may search your car for the following reason:
1. Incident to arrest.
2. Consent from the driver.
3. Inventory and safe keeping(towed vehicle.)
4. Probable cause that the vehicle contains fruits of a crime.
You can deny an officer consent to search. Unless the officer truly believes that you are hiding something there is not much he can do. But if, for example, he suspects there is narcotics in the vehicle he may call a K-9 unit and when the dog makes a "hit" there is now probable cause to go in the car.
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gabs4_28
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well no...u can always deny havin it searched....however if they have probable cause then they can search ur cr
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