Consent to Search?

[AustinBoy]

I have read many times on this forum to NEVER give consent to search.

I would have a REALLY hard time telling a cop no.

Why wouldnt you give consent? Is it just principal? (which I can understand)

More importantly, has anyone ever actually been asked for consent and said no? What did the cop do?

Just curious. Struggling with this one.

(wold love to hear a LEO's answer this question as well)

AB

[flechero]

I'm with you on this, but have read a few times that the best way is to answer the question is to politely ask another question... "do you have probable cause?"

Interested to hear LEO and non-LEO responses

[wgoforth]

Do you know what your children may have had on them when they rode in your car? Do you know what the mechanic or your kids friends may have had on them? Do you know for a fact no one could plant evidence? Did you know that depending on where you are the the demeanor of the officer that duct take and lock-ties in your truck could be called a rape kit? Or that a flashlight and tire tool could be a burglary kit? If it is just a routine traffic stop, there is nothing searching a vehicle will help them in writing a ticket for a traffic violation...it is just a fishing expedition...and you have to worry about a cop who would ask to search over a traffic violation. If I have to obey the law, so does he. He has to have a warrant...and no judge will write a warrant for that. The warrant has to be specific and specific to the crime. What in a traffic stop would help in the case? It is to his advantage and not yours to allow such.

[Valk]

Tell them NO and then exercise your 5th Amendment rights.

[wgoforth]

I usually tell folks to politely say, "No officer. I do not consent to a search." Now, if they forceably do so, do not stop them. Simply complain afterwards. But why would we insist on our second amendment rights but not our 5th?

[snatchel]

I do it for the same reason that I tell the bag-checker @ walmart to pound dirt:
>> Cus it's none of their business.

I am not putting an officer and bag checker in the same category, i'm just saying that it really is none of their business what is in my car if I am doing nothing illegal.

Only one has an officer asked to search my vehicle. I was on the way back from El Paso and had a bunch of luggage. I had 3 buddies, all hispanic in the car who are brothers, recent immigrants (3 years) and alll had heavy accents. At the time I had a beard, i have arms full of tattoos.... basically I fit the stereotype.

Officer asked to search after pulling me over for failure to signal. I politely told him no. No issues whatsoever..... I was out of there with a warning in 15 mins.

[westex1948]

BUT does a LEO need a warrant to call the K-9 (drug) unit?...or is that just on "COPS" (TV show)....?

[AustinBoy]

wgoforth: Understood but I am still struggling.

Valk: With that comment, let me explain.

I was raised to respect LEOs. I DO respect LEOs. (not saying that you dont, only that that kind of comment would most likely really make him mad)
I dont want to be a pain.
I dont want to cause them trouble.
I dont want to be "that guy".

I want to be nice and let them do their job.

You could not pay me enough to be a cop. Tons of respect.

To tell a cop no would be extremly difficult for me.

What if he did say he had probable cause and I didnt agree with him? I cant even imagine that.

AB

[Valk]

wgoforth: Understood but I am still struggling.

Valk: With that comment, let me explain.

I was raised to respect LEOs. I DO respect LEOs. (not saying that you dont, only that that kind of comment would most likely really make him mad)
I dont want to be a pain.
I dont want to cause them trouble.
I dont want to be "that guy".

I want to be nice and let them do their job.

You could not pay me enough to be a cop. Tons of respect.

To tell a cop no would be extremly difficult for me.

What if he did say he had probable cause and I didnt agree with him? I cant even imagine that.

AB

I would say it politely, but would not allow them to search. My wife on the other hand would.

[G.A. Heath]

wgoforth: Understood but I am still struggling.

Valk: With that comment, let me explain.

I was raised to respect LEOs. I DO respect LEOs. (not saying that you dont, only that that kind of comment would most likely really make him mad)
I dont want to be a pain.
I dont want to cause them trouble.
I dont want to be "that guy".

I want to be nice and let them do their job.

You could not pay me enough to be a cop. Tons of respect.

To tell a cop no would be extremly difficult for me.

What if he did say he had probable cause and I didnt agree with him? I cant even imagine that.

AB

If he has probable cause then he won't be asking permission. If you disagree with his probable cause you can settle it in court, but don't try to argue it on the side of the road.

[AustinBoy]

G.A. Heath:
So what would you say? What would you do?
Would he arrest you? CAN he arrest you?

AB

[WildBill]

So what would you say? I do not consent to any search.
What would you do? Continue to say I do not consent to any search.
Would he arrest you? It depends.
CAN he arrest you? Yes.

[tomtexan]

My biggest fear is that they might plant something in the car and then it is his word against your word. Who is the judge going to believe? The only thing that might save a person from this kind of deal would be if you had a camera inside a car videoing the entire incident. And it would need to be able to capture the whole interior.

[steveincowtown]

If he arrest you simply because you know your rights, he isn't much of a cop.


No reason to ever consent. Be polite, be firm, but never consent. If they have probable cause they will search and don't need your consent.


There is no shame in exercising your rights.

[G.A. Heath]

G.A. Heath:
So what would you say? What would you do?
Would he arrest you? CAN he arrest you?

AB

If asked "Can I search your vehicle?" The answer will be "No, I do not consent to a search."
If told "I am going to search your vehicle." my response will be "May I ask what your probable cause is?"

Would he arrest me for refusing a search, not if he's smart (and/or payed attention during class). Can he arrest me, sure an officer can arrest anyone at anytime for any reason legal or otherwise. The officer had better understand that there will be legal repercussions for an illegal arrest. Remember that in Texas you can not an resist arrest or a search, even if they are illegal (TPC 38.03).