Consent to Search?

[WildBill]

I was raised to respect LEOs. - You can respectively deny a search.
I dont want to be a pain. - Your job is defend yourself and keep out of jail.
I dont want to cause them trouble. - What trouble? You would be the one in trouble.
I dont want to be "that guy". - Would you rather be that guy who goes to jail?

I want to be nice and let them do their job. - He has his job and you have yours.

To tell a cop no would be extremly difficult for me. -Practice saying it over and over. "I do not consent to a search".

What if he did say he had probable cause and I didnt agree with him? I cant even imagine that. - If he has a lawful right to search he will do it without your permission or agreement.

[WildBill]

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.

That is not likely to happen, but why would you make it easier by consenting to a search?

[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.

That is not likely to happen, but why would you make it easier by consenting to a search?

I never mentioned in my post that I was consenting.

[WildBill]

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.

That is not likely to happen, but why would you make it easier by consenting to a search?

I never mentioned in my post that I was consenting.

I never said you consented, but if you did you would make planting evidence easier. How can he plant something and then search and find it unless you consent?

[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.

That is not likely to happen, but why would you make it easier by consenting to a search?

I never mentioned in my post that I was consenting.

I never said you consented, but if you did you would make planting evidence easier. How can he plant something and then search and find it unless you consent?

Because that being my biggest fear, as previously mentioned, that search would never take place. In other words, that is why I would never allow it to happen.

[WildBill]

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.

That is not likely to happen, but why would you make it easier by consenting to a search?

I never mentioned in my post that I was consenting.

I never said you consented, but if you did you would make planting evidence easier. How can he plant something and then search and find it unless you consent?

Because that being my biggest fear, as previously mentioned, that search would never take place. In other words, that is why I would never allow it to happen.

Now I understand what you were saying. My biggest fear would be because someone else left something in the car, but I still would not consent.

IMO there is nothing to be gained by consenting to a search, other than being a nice guy. But every one already knows that.

[CowboyEngineer]

If a cop asked to search my truck I would politely tell him no. The only reason I can see as to why he would ask is that he believed he would find something he could use to arrest me. Cop are busy just like the rest of us worker bees. He is not going to waste his time searching a vehicle because he thinks you have a nice car or might have an interesting book in the glove compartment. I don't think he would plant evidence but he might find something left by the valet that parked it, the guy who washed it or something a friend left in it and he will assume that it's yours. I have never had one ask to search my car, but the answer would definitely be a polite no. I have had them come to my house a couple of times and ask if they could come in and talk to me, both times about crimes in my neighborhood. I walked outside and talked to them on the porch.

[WildBill]

If a cop asked to search my truck I would politely tell him no. The only reason I can see as to why he would ask is that he believed he would find something he could use to arrest me. Cop are busy just like the rest of us worker bees. He is not going to waste his time searching a vehicle because he thinks you have a nice car or might have an interesting book in the glove compartment. I don't think he would plant evidence but he might find something left by the valet that parked it, the guy who washed it or something a friend left in it and he will assume that it's yours. I have never had one ask to search my car, but the answer would definitely be a polite no. I have had them come to my house a couple of times and ask if they could come in and talk to me, both times about crimes in my neighborhood. I walked outside and talked to them on the porch.

Many years ago, I was walking through the parking lot at work and noticed a bong in the backseat of a car. I knew the owner of the car so I went to find him and asked him to come outside and said, "I want to show you something".

He looked kind of puzzled when I walked over to his car and told him to look in the back seat. He looked through the rear window, shook his head and said, "My son must be smoking that wacky weed again." I knew it wasn't his, but he was grateful that I told him. We worked in a secure government facility and he would probably have been fired if security saw it or arrested if an LEO saw it.

[Jaguar]

They may get mad, but that would be very unprofessional. You can see an example of this on YouTube, search "cop gets mad when asked for warrant", but caution, bad language (why I won't post a link).

Never been asked, but I was searched once in my misspent youth. Had an unopened beer in the truck and was underage, parked at a remote place with my girlfriend. Cop rolled up on us (for some reason didn't see him coming ) and pulled us out of the truck and immediately searched it. Got a good talking to, he poured out the beer, and sent us on our way.

Haven't given them a reason since.

[srothstein]

I guess it is time to chime in from a slightly different point of view. There are good cops and bad cops out there (ugly too but we should keep this serious - but I know it went through your mind). You don't know which one you will get.

When a cop asks permission to search, I recommend answering politely with a clear statement that you do not consent to a search. A really good cop will say OK and do what he thinks is right. That could be a search anyway (I always asked when I had probable cause because it is better to use consent, my PC could be argued and overruled by a court) or it could be walking away. A decent cop might ask why not and try to talk you into consent anyway. He will still be polite and understand when you stay firm.

A bad cop will take it personally and might get mad. He might try to search anyway. Do not interfere. The place to argue is in court, not on the side of the street. While it is not illegal to decline a search, it is illegal to interfere with an officer trying to perform a search, even if the search is illegal. Incidentally, do not ask the officer what his probable cause is or even if he has any. He does not have to explain to you at the scene. He only has to explain it to the court.

A really bad cop, and by bad cop in this case, I mean corrupt, might search anyway, place fake evidence to frame you, and lie about the incident. These cops do exist, and they are not just on TV. The good news is that they really are extremely rare and your odds of meeting one is slim. The bad news is that it takes a really good attorney and may take years to get the truth out next. But these are also the cops who will physically injure you if you give them half an excuse.

I have had people decline consent to search. In some cases, even when I was really suspicious over something, I let them go. In some cases, I had probable cause and searched anyway. I recommend never consenting to a cop when they ask for permission to search. But I freely admit that it is also a tactical decision on how quickly you go on your way that night.

[sjfcontrol]

The fact of the matter is that there is no real advantage (to you) to let them search.

1) If he has probable cause, he can get a warrant, and doesn't need your permission.
2) If he doesn't have probable cause, and you refuse him, you go on your way. Even if you have to succumb to a LEO-rant.
3) If he doesn't have probable cause, and you allow it, either he doesn't find anything, and you go on your way, delayed, maybe by hours, or...
4) he finds something (planted, yours, or something you didn't know about) and you're screwed.

Don't know about you, but I pick #2.

But, as I've said before, everybody has to do what they're comfortable with.

[jocat54]

I guess that I would go against the grain on searches......I would probably consent...for a couples of reasons, I know what is in my truck and who has been in it so they won't find anything (yes, I know they could plant something--but unlikely JMO). And I think it would get me back on the road faster.
I know some will say that's giving up my rights...but I got nothing to hide......way to old for any of that and I live in the boonies.

[wgoforth]

Good video on how to refuse a search

http://www.youtube.com/watch?v=eDJrQBwJpqk" onclick="window.open(this.href);return false;

[sjfcontrol]

I guess that I would go against the grain on searches......I would probably consent...for a couples of reasons, I know what is in my truck and who has been in it so they won't find anything (yes, I know they could plant something--but unlikely JMO). And I think it would get me back on the road faster.
I know some will say that's giving up my rights...but I got nothing to hide......way to old for any of that and I live in the boonies.

Ok -- It's hokey, but check this out...
Beware of foul language.

[youtube]http://youtube.com/watch?v=rJqq6KCOkdM[/youtube]

[Moby]

As a former LEO I can tell you you do have rights and while cops can act inappropriatly most will not.

You simply say the following.

"Officer I respect you and your job but as a matter of practic I never consent to searches of my person, vechicle or home.
And sir ?I mean no disrepect but I also do not answer questions without a lawyer present.
If you have probable cause sir respectfully I request to know what it is? If not sir am I being legally detained?
If not, I would like to leave."

This absolutely does two things.
1. If it's a traffic stop you're getting a ticket.
2. That's the end of most any stop.

He knows you do not want to speak and you've requested a lawyer so any questions he ask's are inadmisable. (but never answer)

I never get asked for a search but if I did I would never consent. Trust me, they most likely will stop the interaction. They are very clear you know your rights and are going to be a concern for them.

That being said...being polite, handing over your ID and CHL, most likely will get you out of a lot. I doubt you'll be asked to be searched as CHL holders are generally looked at favorably by most LEO's They know you're one of the good guys, have had a background check, and they respect you. So it's less likely to happen. A younger cop might might be an issue. Just never have a confrontational attitude.

http://www.youtube.com/watch?v=gmrbNLt7Om8" onclick="window.open(this.href);return false;

http://www.youtube.com/watch?v=ua-qT99v ... re=related" onclick="window.open(this.href);return false;

Here's a upset cop!!!! Foul mouthed, beware!
http://www.youtube.com/watch?v=KC7n69Wu ... re=related" onclick="window.open(this.href);return false;