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  • bmiley1963

    Plinker
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    Oct 20, 2011
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    Not sure this is the right forum to post this but here it goes.

    This is strictly hypothetical. This has not happened to me but wanted to get some input. Especially from any attorneys if so inclined.

    Is it legal for a LEO to search your vehicle when stopped for a basic traffice violation (i.e. speeding, running a light, broken headlamp, etc)?

    If they say they have "probably cause" like I smell pot, when you know there is none in the care and you don't do that, how do you react?

    What would you do if a LEO asked to search your vehicle during a traffice stop?

    I have nothing to hide and don't break the law. However, I also want to protect my constitutional rights from illegal seach.

    Please chime in!
     

    chipbennett

    Grandmaster
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    Oct 18, 2014
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    IANAL

    If the officer asks, "may I search your vehicle?", then you say, "No, I do not consent to any searches." If the officer says, "If you have nothing to hide, then you would let me search," then you say, "I do not consent to any searches."

    If the officer has probable cause to search, he won't ask. He'll just conduct the search.

    If the officer claims probable cause, say, "I do not consent to any searches," and then shut up. Say nothing else, and do not interfere. The rest will need to be sorted out by lawyers, but will not and cannot be resolved in your favor in the moment.
     

    mrjarrell

    Shooter
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    Well, if I'm pulled over for an infraction and he asks I'm going to tell him no, he may not search my vehicle. Just say no. And then ask if you are being detained and if you're free to go. Then, if he says you are free to go. Go. If he pushes it, keep saying no. Make him get a warrant.
     

    Kutnupe14

    Troll Emeritus
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    Jan 13, 2011
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    Simply put, how exact are you going to protect your constitutional rights from an illegal search. You best bet, is simply to verbalize that you don't want your vehicle searched, and follow up afterwards. If it's going to happen, it's going to happen. Officers know what they can and can't do as far as search a vehicle during a traffic stop.
     

    mrjarrell

    Shooter
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    Jun 18, 2009
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    Simply put, how exact are you going to protect your constitutional rights from an illegal search. You best bet, is simply to verbalize that you don't want your vehicle searched, and follow up afterwards. If it's going to happen, it's going to happen. Officers know what they can and can't do as far as search a vehicle during a traffic stop.

    Even though they may "know what they can and can't do" that doesn't mean that every officer will do the right thing.
     

    Dead Duck

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    Apr 1, 2011
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    .
    While you're still in the car and he asks to search, say no.

    If he asks you to get out of the vehicle for any reason, roll up your windows and lock the doors. Arm the alarm if you have one. Keys deep in front pocket. Then if he asks to search, still say no.

    Note: Keep your vehicle frikin clean. No visible trash, no bags, no containers, no baggie corners, no bottles. They can use P/C if they see something of interest inside. They can also use the pot smell P/C and you can just say no.
    Just don't physically try to keep them from searching when they do. :):




    it's called fishing. And they do it because people are generally stupid and it works. They wouldn't keep doing it if they didn't keep catching dumbasses.
    Just don't be a dumbass!
     

    Woobie

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    You don't have to give consent, if he asks. But if he tells you, and orders you to let him do so, then don't be dumb. Let him, get his badge number and file a complaint. Even if he is doing something illegal, once you physically resist, you're going to go to jail at best. You may make a detour through the hospital on your way.
     

    mrjarrell

    Shooter
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    You don't have to give consent, if he asks. But if he tells you, and orders you to let him do so, then don't be dumb. Let him, get his badge number and file a complaint. Even if he is doing something illegal, once you physically resist, you're going to go to jail at best. You may make a detour through the hospital on your way.

    You can also lock up and tell him to call his supervisor. It's a bit more risky but it may well work out better. Complaints, in some departments, will go nowhere and can get you handed even more grief.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    Mar 20, 2008
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    Franklin Township
    Just say no. If the Officer reasonably believes there is contraband in there, he will simply detain you and get a warrant if you do not consent. I personally have zero time for fishing expeditions.
     

    ChristianPatriot

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    Feb 11, 2013
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    Clifford, IN
    Believe it or not this exact scenario happened to me 8 or 9 years ago. I was driving back from Evansville after a 4th of July fireworks thing. Never touched a cold beverage or any other recreational substance. I was driving into a small town (it might've been Petersburg), the speed limit lowered coming into town but I hadn't slowed down fast enough and got pulled over. License and registration, yada yada yada.
    Officer comes back after a few minutes, "Have you been smoking or drinking tonight?"
    Me: "No sir".
    Officer: "I can smell pot in your car".
    Me: "Ok well, I haven't been smoking so....."
    Officer: "Can you step out of the car?"
    Me: "Yep".
    By this time there are at least two other marked cars there. They take 10 or 15 minutes and search the whole car.
    Officer: "I was suspicious because you didn't argue with me at all, that's a sign of guilt."
    Me: ".....ok......"
    Officer: "You had your a/c turned up pretty high like you were trying to hide a smell." (Keep in mind it's July 4th in southern Indiana, but whatever)
    Me:".....ok....."
    Officer: "I should take you down to the station."
    Me: "Ok, you do what you gotta do"
    Officer: "I'm gonna let you go, I still think you've been smoking tonight"
    Me: "Ok"
    It was a good time, but I just bit my tongue the whole time.
     

    Opie

    Sharpshooter
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    Feb 2, 2013
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    Evansville
    If he asks you to get out of the vehicle for any reason, roll up your windows and lock the doors. Arm the alarm if you have one. Keys deep in front pocket. Then if he asks to search, still say no.

    I would not listen to this advice. The courts have determined that an officer can require that occupants of the vehicle exit during a traffic stop. If you roll up the windows and lock the doors you are refusing a lawful command and that is not usually going to work in your favor.

    Gonna throw this out there and you can take it for what you want..... There are enough criminals out there committing crimes that police officers do not need to "make things up" and I have never seen it done in over 10 years of law enforcement. If you are a criminal today you will probably be one tomorrow. Keep doing it long enough and you will get caught.

    You are more likely to get hit by an alien spaceship than falsely arrested in my personal experience.
     

    chipbennett

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    I would not listen to this advice. The courts have determined that an officer can require that occupants of the vehicle exit during a traffic stop. If you roll up the windows and lock the doors you are refusing a lawful command and that is not usually going to work in your favor.

    Yes, because of the BS "officer safety" catch-all canard. The police officer need not articulate a specific reason *why* his safety is at risk with passengers remaining inside the vehicle. All he has to do is say the magic words "officer safety".

    Courts can be really dumb sometimes. But the time to challenge their dumb opinions is not in the middle of a traffic stop.
     

    Opie

    Sharpshooter
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    61   0   0
    Feb 2, 2013
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    Evansville
    Yes, because of the BS "officer safety" catch-all canard. The police officer need not articulate a specific reason *why* his safety is at risk with passengers remaining inside the vehicle. All he has to do is say the magic words "officer safety".

    Courts can be really dumb sometimes. But the time to challenge their dumb opinions is not in the middle of a traffic stop.

    I am not going to debate the cases, the courts have already done that. I am trying to keep fellow INGO members from taking some bad advice.....
     

    Roadie

    Modus InHiatus
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    17   0   0
    Feb 20, 2009
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    I would not listen to this advice. The courts have determined that an officer can require that occupants of the vehicle exit during a traffic stop. If you roll up the windows and lock the doors you are refusing a lawful command and that is not usually going to work in your favor.

    Gonna throw this out there and you can take it for what you want..... There are enough criminals out there committing crimes that police officers do not need to "make things up" and I have never seen it done in over 10 years of law enforcement. If you are a criminal today you will probably be one tomorrow. Keep doing it long enough and you will get caught.

    You are more likely to get hit by an alien spaceship than falsely arrested in my personal experience.

    I think he means roll up the windows, and lock the doors, AFTER you comply and exit the vehicle
     

    Opie

    Sharpshooter
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    61   0   0
    Feb 2, 2013
    525
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    Evansville
    I think he means roll up the windows, and lock the doors, AFTER you comply and exit the vehicle

    That would be fine, but he left out the part about exiting the vehicle. I just don't want to see anyone put themselves in a bad position. Of course, this is the internet and no one should get advice here anyway LOL.
     

    T.Lex

    Grandmaster
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    15   0   0
    Mar 30, 2011
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    This is generic information, not legal advice to you or anyone else.

    Is it legal for a LEO to search your vehicle when stopped for a basic traffice violation (i.e. speeding, running a light, broken headlamp, etc)?
    Only with probable cause.

    If they say they have "probably cause" like I smell pot, when you know there is none in the care and you don't do that, how do you react?
    Relax and wait. STFU while you're at it. If they ask for consent, decide whether to give it. If they don't ask for consent - because they believe they have PC - then there's not much you can do at the scene. Actually, I can't think of anything constructive you can do at the scene if the officer believes they have PC.

    What would you do if a LEO asked to search your vehicle during a traffice stop?
    Decide whether I wanted to consent or not, or give limited consent.

    "Dude, I don't have much time, so you can look under the seats and stuff if you want." You do have the power to limit the scope of the search.

    Mostly, I'd politely decline.

    I have nothing to hide and don't break the law. However, I also want to protect my constitutional rights from illegal seach.
    Then, if you are unconstitutionally searched, you STFU and call a lawyer when it is over.
     
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