Abraham wrote:If one (me for instance) has nothing illegal in my vehicle - how often in such a scenario where "I give my consent to a search" will there be a horrendous outcome, that is say, they ruin upholstery/create damage, etc.
Wouldn't it be simpler to give consent, be held up on my journey for a bit, and then go about my merry way - none the worse for wear?
Am I being hopelessly naive?
I find it difficult to believe LEO's will, as a matter of course, mistreat people.
Of course, I don't look, behave or in any way present myself as a street type criminal. I'm a middle aged, (O.K. a little more than middle-aged) well spoken, normally dressed bald, white guy. So my profile, if you will, is rather non-threatening...so I don't feel threatened by such a search.
The real danger is not that the police are mistreating people.
I used to think exactly like you...I have nothing to hide, why wouldn't I consent to a search?
Here's how an attorney that my wife worked for explained it without all the legaleaze so that a country boy like me could understand it.
YOU are responsible for everything found in your car whether it is yours or not. And, their job is to try to find something (whether it's yours or not...they don't care...not their job to figure out how it got there) because they find you suspicious for whatever reason. By consenting to a search, you are putting yourself into a situation that would be harder to defend should something be found.
What are they going to find? I'm a clean guy...no arrests...I don't do drugs...etc. Well, have you ever...
-Turned your car over to the technicians at the jiffy lube,
-Valet parked,
-Had your car picked up for a hand detail and wash,
-Let your teenager and his/her friends drive in your car,
-Let your wife's goofy brother borrow your truck to deliver an appliance,
-Let coworkers carpool with you to a business meeting,
-Let the dealership service the recall ticket on your new car,
-Given your neighbor a ride to the post office,
and the list goes on and on...
The point of all this is that you can't control everything about your car, but you will be responsible for the contents if searched.
-How was I supposed to know grandma's TIC TAC box under the seat was really how she stored her hydrocodone?
-How was I supposed to know the valet parking guys had a crack pipe?
-How was I supposed to know that the oil change guy had a joint fall out of his pocket?
etc, etc, etc.
By consenting to the search, you just relieved the officer of having to have probable cause. You made his job easier! But, more importantly, if something is found and you end up needing legal help, your attorney is going to have a hard time defending you because he won't be able to criticize the officer's actions because you consented to the search.
So, it's really not about "the po-po is out to get everybody." It's about, "do you want to have the best defense possible if something is found in your car and you know indeed that you are innocent?"
YMMV