Consent to Search?

[Jim Beaux]

Years ago my very conservative step father (he hated hippies, long hair, sideburns & dope) bought a repo from the credit union. It was a 73 El Camino. He drove it for 2 months and sold it to me. After a month or two I noticed a small piece of cellophane sticking out of the overhead plastic shoulder belt holder (remember those?). I pulled it out and it was the cellophane from a pack of cigarettes, half full of marijuana seeds! I almost wrecked the car. Though I was a long haired hippie with sideburns I didnt mess with that stuff.

Knowing dad he would have been a smart alec and insulted the cop before saying, "go ahead wise guy, knock yourself out"

I still cringe thinking of what could have happened.

I will respectfully not consent to a search.

[wgoforth]

Years ago my very conservative step father (he hated hippies, long hair, sideburns & dope) bought a repo from the credit union. It was a 73 El Camino. He drove it for 2 months and sold it to me. After a month or two I noticed a small piece of cellophane sticking out of the overhead plastic shoulder belt holder (remember those?). I pulled it out and it was the cellophane from a pack of cigarettes, half full of marijuana seeds! I almost wrecked the car. Though I was a long haired hippie with sideburns I didnt mess with that stuff.

Knowing dad he would have been a smart alec and insulted the cop before saying, "go ahead wise guy, knock yourself out"

I still cringe thinking of what could have happened.

I will respectfully not consent to a search.

Yessir... I was talking to a used car dealer a few months back, and he was talking about how often he finds drugs when cleaning out trade in vehicles. A local officer told me he would himself refuse a routine search, and that you would have to wonder about any officer who did do routine searches. If that is the advice of an experienced officer, who am I to disagree?

[dihappy]

Thats one crazy video of that traffic stop of the poor Trekker guy

[74novaman]

At this point I will not consent to a search. No reason to look through my stuff as I'm not doing anything illegal or suspicious.

Back when I was younger and stupider, I may or may not have been speeding and gotten pulled over by a state trooper who asked to search the car. I consented to the search, even though I actually did have something to hide that time.

He basically had me open the trunk, glanced in it and went on with life. Didn't even rummage through my stuff.

It's a good thing he didn't, because I may or may not have had some liquor in the trunk in my duffel bag, and may or may not have been 19 at the time.

To clarify, I was stone cold sober driving, but at 19 I'm sure the possession of booze, even in the trunk....wouldn't have been a cheap ticket.

[dihappy]

This is another good read:

Thin Blue Lie? Florida Police Under Fire After Tape Surfaces Contradicting Arrest Reports and Later Sworn Testimony

http://jonathanturley.org/2012/03/29/th ... testimony/" onclick="window.open(this.href);return false;

[anygunanywhere]

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

Rental cars. Troopers look for them.

What everyone else has said. Be polite and respectful, and insist that your rights be respected.

Anygunanywhere

[C-dub]

Seems like this is shaping up like this. Bad LEOs are like attacks by BGs. You never wake up in the morning and know if you will be attacked later on that day or if you will be stopped by a LEO for some minor thing and have a bad LEO ruin your day and make a mess of your life. The probability of either happening is pretty low, I'm guessing lower for the bad LEO, but you never know.

[AustinBoy]

Thanks all.

That was exactly the advice I was looking for!

I feel a lot better about saying no!

(for the record I have never been asked to allow a search.)

I really like this from Moby:
"Officer I respect you and your job but as a matter of practice I never consent to searches of my person, vechicle or home."

Makes it feel a lot less personal and still very respectful.

Thanks again to all!!

AB

[WildBill]

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

Rental cars. Troopers look for them.

What everyone else has said. Be polite and respectful, and insist that your rights be respected.

Anygunanywhere

I remember taking a rental car into Canada with a friend. On the was back to the US it took over a hour to get through customs. The border patrol guy must have asked me twenty times who was the owner of the car.

[Dragonfighter]

Years ago I was stopped by a Denton County Deputy for a tail light (fishing expedition). He asked, "Do you mind if I take a look around? (I wasn't the clean cut guy I am now)" I said, "Yes, yes I do." He blinked in surprise, wrote me a warning and sent me on my way. Other then the obvious surprise, I thought he took it well.

[wgoforth]

An example of why not allow a search... family on a trip, consent to search. Everything is taken out and of course make a mess...reason pulled over, loud exhaust. What in a search could help ticket that?
Part 1 http://www.youtube.com/watch?v=Q01eMEVBn_k" onclick="window.open(this.href);return false;
Part 2 of video...http://www.youtube.com/watch?feature=en ... wKlhU&NR=1" onclick="window.open(this.href);return false;

[WildBill]

An example of why not allow a search... family on a trip, consent to search. Everything is taken out and of course make a mess...reason pulled over, loud exhaust. What in a search could help ticket that? http://www.youtube.com/watch?v=Q01eMEVBn_k" onclick="window.open(this.href);return false;

A loud exhaust is clearly an indication that a crime is being committed.

[gras]

An example of why not allow a search... family on a trip, consent to search. Everything is taken out and of course make a mess...reason pulled over, loud exhaust. What in a search could help ticket that? http://www.youtube.com/watch?v=Q01eMEVBn_k" onclick="window.open(this.href);return false;

A loud exhaust is clearly an indication that a crime is being committed.

Depending on the jurisdiction and the loudness of the exhaust it might be a violation.

However, my attitude is they don't need consent if the search is reasonable, so asking for consent is a tacit admission they're not.

[wgoforth]

An example of why not allow a search... family on a trip, consent to search. Everything is taken out and of course make a mess...reason pulled over, loud exhaust. What in a search could help ticket that? http://www.youtube.com/watch?v=Q01eMEVBn_k" onclick="window.open(this.href);return false;

A loud exhaust is clearly an indication that a crime is being committed.

Depending on the jurisdiction and the loudness of the exhaust it might be a violation.

However, my attitude is they don't need consent if the search is reasonable, so asking for consent is a tacit admission they're not.

Not sure the point got across. There would be nothing in a search that would help them establish the "crime" of a loud exhaust. This was a fishing expedition pure and simple. Even requesting a search warrant would limit the search to things involved in the "crime."

Depends on your definition of "reasonable." If you have been arrested for a matter, yes. If there is visible illegal matter, yes. But nothing connected to a routine traffic stop by itself warrants a search.

[WildBill]

An example of why not allow a search... family on a trip, consent to search. Everything is taken out and of course make a mess...reason pulled over, loud exhaust. What in a search could help ticket that? http://www.youtube.com/watch?v=Q01eMEVBn_k" onclick="window.open(this.href);return false;

A loud exhaust is clearly an indication that a crime is being committed.

Depending on the jurisdiction and the loudness of the exhaust it might be a violation.

However, my attitude is they don't need consent if the search is reasonable, so asking for consent is a tacit admission they're not.

Not sure the point got across. There would be nothing in a search that would help them establish the "crime" of a loud exhaust. This was a fishing expedition pure and simple. Even requesting a search warrant would limit the search to things involved in the "crime."

Depends on your definition of "reasonable." If you have been arrested for a matter, yes. If there is visible illegal matter, yes. But nothing connected to a routine traffic stop by itself warrants a search.

I was being facetious. I know it's a crime because they wrote a law against it, just like not having a front license plate or and other such foolishness. Just another excuse for stopping and searching, IMO.