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Offlinefreddurgan
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Is saying "no" to a car search cause enough for them to force a car search?
    #3277359 - 10/26/04 12:05 AM (12 years, 1 month ago)

*All hypothetical..just curious*

If the cops pulled me over, and lets say I had weed on me, and they asked to search the car. If I said "no" is that going to be a problem? What happens if I say no? Is that cause enough to force a search?

I was looking at that bustcard from the ACLU, but it didn't really answer my question.

Thanks!


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OfflineSpores_101
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3277385 - 10/26/04 12:13 AM (12 years, 1 month ago)

They bring a dog to sniff around your car and if he hits on something then there going in your car without your permission weather you like it or not. unless you got money to waste then dont even temp them if your dirty if your not and wanna test them go ahead but then your a target eitherway your in a lose / lose situation.


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Invisiblez@z.com
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Registered: 10/13/02
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3277395 - 10/26/04 12:16 AM (12 years, 1 month ago)

It is not cause for a search, but if you say no they will try to intimidate you into allowing one. If they try to detain you while they get a K-9 unit out there ask them why you are being detained and tell them you wish to leave. They can't make you wait without cause.
I have said no to several search requests and only once have they searched me and it was a very illegial search. I said no and the cop searched my car anyway.


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"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." - C.S. Lewis

"I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson


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Offlinefreddurgan
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: Spores_101]
    #3277417 - 10/26/04 12:24 AM (12 years, 1 month ago)

Well if I'm clean and I know it, saying "no" to a search isn't going to hurt me in any way right?

I'd probably say no if I was clean..


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Ron Paul 2008!
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Invisibletrick

Registered: 10/22/04
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3277442 - 10/26/04 12:30 AM (12 years, 1 month ago)

they can't force a car search unless there is a warrant for your arrest (or i think in some cases, they "sense" the intention of commiting a crime). doing so would be infringing on basic civilian rights. as long as you aren't engaged in criminal activity and they have no evidence for their suspicion then you can't be searched if you decline. just act cool


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Offlineunbeliever
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: trick]
    #3277458 - 10/26/04 12:34 AM (12 years, 1 month ago)

Quote:

trick said:
they can't force a car search unless there is a warrant for your arrest (or i think in some cases, they "sense" the intention of commiting a crime). doing so would be infringing on basic civilian rights. as long as you aren't engaged in criminal activity and they have no evidence for their suspicion then you can't be searched if you decline. just act cool




ie, probable cause. If you have friends with you, make sure they don't do anything that would make the cops search the vehicle. If they ask you to stay and wait, ask if you can go. They can't arrest you without probable cause, period. They can detain you for questioning based on reasonable suspicion, but I'm not sure how far they can push that. Best not to travel with anything in your car if you can avoid it. Also best not to get pulled over in the first place. Ie, no speeding etc, make sure your lights all work, etc.


--------------------
Happiness is a warm gun...


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Invisible1stimer
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: trick]
    #3277535 - 10/26/04 12:54 AM (12 years, 1 month ago)

Quote:

as long as you aren't engaged in criminal activity and they have no evidence for their suspicion then you can't be searched if you decline



Cops come up with bs though.
" I think I smell something funny" probable cause.
"You have red eyes" probable couse.
"You swerved" probable cause.
The statements dont even need to be true because they cant be proven.


--------------------
ash dingy donker mo gollyhopper patty popiton rockstop bueno mayo riggedy jig bobber johnathan pattywhacker gogboob t-shirt monkey.

There is such emotion in the distortion.


Edited by 1stimer (10/26/04 12:55 AM)


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OfflineEilya555
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3277937 - 10/26/04 03:28 AM (12 years, 1 month ago)

If your lucky enough to have the cops ask you if they can search your car. In all my experiences I have simply been ripped out of my car asked to sit in the back of a cop car while my vehicle was searched. My last experience I was sitting in my car in front of my friends house when I was lit up. The cop asked me to step out of the vehicle, after I did I asked him why he had the right to bother me as I was only sitting in my car, the pig turned pink, threw me against my car angry that I just questioned his authority, and searched me grabbing my nuts in the process. then I was handcuffed and thrown in the back of his car. he proceeded to tear my car apart. this has happened about 4 times. maybe it's the way I look or something I don't know. luckily all of these times I had nothing on me and was uncuffed and told to have a nice night. what it all boils down to is you have no rights once the cops have their eye's on you. fucking sweet. my advice is to hide your shit well while your driving, then you don't have to worry about it.


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InvisibleSubGen1us
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3277952 - 10/26/04 03:36 AM (12 years, 1 month ago)

Tell them NO.
even if they smell something funny who cares.
if its late tell them to no and to go make theyre call to ask if they want.
most times if its late they wont call and wake the motherfuker up to get permission
cause they were bluffing the whole time.
if u do have somehting on u and they are getting a dog then ur probley screwed.
keep ur mouth shut and call ur lawyer. he'll tell u exactly what to do.

they need the dog to make sure that u do have something before they get a warrant cause if they call for no reason they will get theyre ass reamed.

if ur getting pulled over and there are multiple people in ur car u need to have a story.
where ur coming from and where ur going.
all the stories must match or ur getting patted down.
they still cant go in ur car though.
unless they find something of course.


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Offlineunbeliever
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: SubGen1us]
    #3278771 - 10/26/04 11:22 AM (12 years, 1 month ago)

Also, if they lock you in the cop car and haven't mirandized you yet, they just fucked their whole investigation and any competent lawyer would get the case dismissed. Any time they restrict your ability to continue on your way as you like, whether it's handcuffs, cop car or even just intimidating you, you're technically under arrest and they have to inform you why you're under arrest and advise you of your rights.

Cops can and will try to get around that, but don't let them.


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OfflineBillytheKid
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: unbeliever]
    #3278858 - 10/26/04 11:52 AM (12 years, 1 month ago)

Technically theyre nto supposed to force a search UNLESS they can visably see something, or if thier dog hits on something... usually what i do (and i can do this) is i tell them i have a gun in the car ( i usually do, im lisenced to cary a firearm) this will usually take ALL focus off of what you MAY have and put it on thier safety 1st. Then you have to deal with letting them detain your gun for 5 minutes while they run your CCW permit but then usually they will just tell you to be on your way. I got pulled over with about 5 grams of sticky on me, my gun and a car with a 2 month expired registration, as well as no insurance. THe cop was pretty pissed understandably,and was telling me i had to leave my car ther eso he could tow it etc etc.. then he aksed if he could search my car and i said. "Yes, but i should let you know i am carrying a gun, and here is my permit" after that he asked me to take the bullets out, and place it in his hand with my permit so he could run it.. I did.. he came back and told me to drive my car home right away and dont drive it again until I got it reregistered with proof of insurance and to keep my pistol concealed as required by law. And all this 5 minutes afte rhe was going to tow my car and search it. HAHAHA


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Bingo!


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Invisible1stimer
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Registered: 11/18/01
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3278861 - 10/26/04 11:53 AM (12 years, 1 month ago)

Also, a car is considered a moving crime scene. This gives them the right to search your car without a warrant.


--------------------
ash dingy donker mo gollyhopper patty popiton rockstop bueno mayo riggedy jig bobber johnathan pattywhacker gogboob t-shirt monkey.

There is such emotion in the distortion.


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OfflineBillytheKid
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: 1stimer]
    #3278871 - 10/26/04 11:58 AM (12 years, 1 month ago)

the warrant is probable cause, they cannot search unless you consent or unless they can prove probable cause, IE youre drunk/stoned or they see paraphanelia in plain sight, otherwise they have to use the dogs.


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Invisibletrick

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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: 1stimer]
    #3278887 - 10/26/04 12:04 PM (12 years, 1 month ago)

Quote:

1stimer said:
Quote:

as long as you aren't engaged in criminal activity and they have no evidence for their suspicion then you can't be searched if you decline



Cops come up with bs though.
" I think I smell something funny" probable cause.
"You have red eyes" probable couse.
"You swerved" probable cause.
The statements dont even need to be true because they cant be proven.




i know that's true but i was trying to be as "politically correct" as possible. i don't like alot of cops because of the fact that they make up alot of bullshit like that and because if they had a bad day, they feel they can make your's worse. i'm not saying all cops are like this, i know a couple that aren't ill-willed, but the system stalls for no one.


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Offlineunbeliever
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: trick]
    #3278898 - 10/26/04 12:09 PM (12 years, 1 month ago)

Quote:

trick said:
Quote:

1stimer said:
Quote:

as long as you aren't engaged in criminal activity and they have no evidence for their suspicion then you can't be searched if you decline



Cops come up with bs though.
" I think I smell something funny" probable cause.
"You have red eyes" probable couse.
"You swerved" probable cause.
The statements dont even need to be true because they cant be proven.




i know that's true but i was trying to be as "politically correct" as possible. i don't like alot of cops because of the fact that they make up alot of bullshit like that and because if they had a bad day, they feel they can make your's worse. i'm not saying all cops are like this, i know a couple that aren't ill-willed, but the system stalls for no one.




If you get a really bad cop like that, try asking for their sergeant. I've had that recommended to me by LEO's before and they've all said that unless you have a real psycho-cop, they'll either back off or at least radio it in. At which point their sergeant, who is a bit more aware of the legal and political rammifications of trashing someone's civil liberties, will put a stop on anything that isn't strictly by the book.


--------------------
Happiness is a warm gun...


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Anonymous

Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: unbeliever]
    #3278914 - 10/26/04 12:15 PM (12 years, 1 month ago)

Also, if they lock you in the cop car and haven't mirandized you yet, they just fucked their whole investigation and any competent lawyer would get the case dismissed. Any time they restrict your ability to continue on your way as you like, whether it's handcuffs, cop car or even just intimidating you, you're technically under arrest and they have to inform you why you're under arrest and advise you of your rights.

they only need to read you a miranda warning if they want any statements you make or answers you give while under arrest to be admissible in court.

as far as saying 'no' to a car search. it probably won't keep your car from being searched but it may cause a judge to throw out evidence seized during the search if the cops cannot show 'clear and articulable facts' that suggest to them that a search of the car would turn up evidence of a crime. it is in your interests to deny a search.

it may be your only chance. for instance, let's say that when shroomism got pulled over the cop said, 'i smell pot, may i search your vehicle?' and shroomism said, 'no you may not', and the cop said, 'i smell dope, step out of the car sir" and searched it. later shroomism's lawyer could cross examine the cop and ask him what other facts suggested to him that he would find anything illegal in the car and when and where he was trained to detect the odor of marijuana. he might just be able to throw the legitimacy of the search into question. if you consent to a search, you lose any chance of any of that.

you gain nothing by consenting to a search and you lose any chance to later cast doubt on the legitimacy of the search. just say 'no'. the fact that the cop searched your vehicle without consent will give you more leverage in court and with the DA.


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InvisibleShroomismM
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: freddurgan]
    #3292742 - 10/29/04 07:33 AM (12 years, 1 month ago)

well speaking from experience, if you are in florida and you say no, that means the cop forcibly throws you against the car and searches you and the car anyway while they slap cuffs on you and lock you away for as long as possible, even if they didn't have probable cause.. or just made something up.


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OfflineTao
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: Shroomism]
    #3292755 - 10/29/04 07:44 AM (12 years, 1 month ago)

hopefully theres a chance you can get it thrown out then? sometimes states require that policemen have to have taken a course in identifying the smell of pot to use that as an excuse for probable cause.


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InvisibleShroomismM
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: Tao]
    #3292801 - 10/29/04 08:14 AM (12 years, 1 month ago)

yeah, he said he smelled pot which is "the reason he pulled us over and searched us", which is total and complete bullshit because no one had smoked any pot in that van that day or even in months probably, there is no way he smelled it.. but he used that as an excuse. They can just make shit up.


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OfflineMushmonkey
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Re: Is saying "no" to a car search cause enough for them to force a car search? [Re: Tao]
    #3292818 - 10/29/04 08:27 AM (12 years, 1 month ago)

Saying "No" would probably just make the cop get all eager to find the Next Big Bust in your trunk..
I've actually never had that problem myself (even when I had a cop at the window, had been smoking, and was high.. i'm smoof)..
but I long ago got the line
"Actually officier normally I wouldn't mind, but I'm in quite a hurry right now and don't have enough time to allow that"
and fill in why you're in a hurry depending on who's there, what time it is, and whre you are


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