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Itzpointless
eh...



Registered: 09/24/06
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question about rights
#7703839 - 12/01/07 06:24 PM (16 years, 2 months ago) |
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Hey i have a decent understanding of one's rights when it comes to consenting to a search while pulled over...and this may vary state to state..but are your rights taken away if you are on misdemeanor probation?
-------------------- Existence is no longer a riddle to be solved, but a mystery to behold.
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2FiNiTe
ConsideratlyKilling Me



Registered: 06/12/06
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Your rights have already been taken away...Patriot Acts
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Itzpointless
eh...



Registered: 09/24/06
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Re: question about rights [Re: 2FiNiTe]
#7704096 - 12/01/07 07:37 PM (16 years, 2 months ago) |
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haha well yea...but do i have the right to refuse a search while on misdemeanor probation? i keep getting mixed answers from my ignorant friends haha...so i figured id try here
-------------------- Existence is no longer a riddle to be solved, but a mystery to behold.
Edited by Itzpointless (12/01/07 07:38 PM)
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FurrowedBrow
Free yourself from yourself



Registered: 10/26/06
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If a cop has reasonable suspicion about the situation he will look for probable cause to search the vehicle. the thing is if you refuse to let him search your vehicle he will have reasonable suspicion on the grounds that if you didn't have anything to hide you wouldn't refuse. it's a slippery slope man. most ex law enforcement will tell you to submit to the search and just have your stash really well hidden. but to answer your question - no - you still have the right to refuse unreasonable searches.
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wrestler_az
PsiLLy BiLLy



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Quote:
FurrowedBrow said: the thing is if you refuse to let him search your vehicle he will have reasonable suspicion on the grounds that if you didn't have anything to hide you wouldn't refuse.
bullshit. refusing to consent to a search is not reasonable cause...
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Edited by yageman (04/20/06 4:20 PM)
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Itzpointless
eh...



Registered: 09/24/06
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Re: question about rights [Re: wrestler_az]
#7704200 - 12/01/07 08:12 PM (16 years, 2 months ago) |
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hmm ive always read that you should never consent haha... Ive read that most people who are familiar with the laws ALWAYS refuse. Id like to think i still have some sort of rights i can take advantage of. Hell if we all refused, it may take suspicion away from those who actually ARE transporting illegal objects. I dunno..maybe im just too high ha
-------------------- Existence is no longer a riddle to be solved, but a mystery to behold.
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UnholyChild666
I'M GOD

Registered: 03/26/06
Posts: 8,940
Loc:
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Quote:
FurrowedBrow said: If a cop has reasonable suspicion about the situation he will look for probable cause to search the vehicle. the thing is if you refuse to let him search your vehicle he will have reasonable suspicion on the grounds that if you didn't have anything to hide you wouldn't refuse. it's a slippery slope man. most ex law enforcement will tell you to submit to the search and just have your stash really well hidden. but to answer your question - no - you still have the right to refuse unreasonable searches.
Not letting the cops search your car will not give them reason to, just tell the cop you wont allow it and to either arrest you or let you go, if you have done nothing wrong you will be let free. Ever watch Cops? Watch how many idiots let the cop search their cars and get busted, one time I was watching cops and the cop even said "Why did you allow me to search your car if you had drugs in it?" Which I thought was funny that he actually said that. I will never let a cop search my car even if there is nothing in it.
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AaronEvil
The GuitarVillain



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Maybe its just me but I wouldnt tell a cop to arrest me or let me go. You get an asshole cop and you get arrested. Id say no to the search and contact a lawyer if the cop persists.
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FurrowedBrow
Free yourself from yourself



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Re: question about rights [Re: AaronEvil]
#7704742 - 12/01/07 11:20 PM (16 years, 2 months ago) |
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-------------------- Multidisciplinary Association for Psychedelic Studies - Become a member!
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Itzpointless
eh...



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Re: question about rights [Re: AaronEvil]
#7705126 - 12/02/07 01:47 AM (16 years, 2 months ago) |
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well apperantly here they cant just arrest you for denying a search..no matter how much they threaten you..ur rights ARE there and they have to accept that. Keeping you there over a certain amount of time (ive been told 15 min here) is not allowed. It is considered being detained which they cant do without REAL probable cause. I was just curious to see if i could still deny search while on probation.
-------------------- Existence is no longer a riddle to be solved, but a mystery to behold.
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Riboflavin



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Re: question about rights [Re: wrestler_az]
#7705274 - 12/02/07 02:39 AM (16 years, 2 months ago) |
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Quote:
wrestler_az said:
Quote:
FurrowedBrow said: the thing is if you refuse to let him search your vehicle he will have reasonable suspicion on the grounds that if you didn't have anything to hide you wouldn't refuse.
bullshit. refusing to consent to a search is not reasonable cause...
You're both right, but... reasonable suspicion is not probable cause. Reasonable suspicion could just make them get all their buddies there to try to find probable cause if they think somethin's up. Probable cause is what gives them the right to search. At least that's how I understand things. I've gotten out of searches before just by saying I don't believe in being searched without probable cause. The cop seemed just fine with it too.
-------------------- All that groks is God.
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