Search of your vehicle

[AngryRooster]

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

Yeah, a rather important step before taking the window and door advice. Voice recorders are wonderful devices as well. The black Sony one just happens to fit the Fobus Glock 45 mag holder perfectly with the mic at the top.

 

[Dead Duck]

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

Oh -
I guess I did leave that up for interpretation.

Yes, I did mean to get out of the vehicle AFTER rolling up the windows and locking the doors.
Sorry -



Similar incident (one of many in my car)
I had a Yorba Linda, CA cop tell me to get out and follow him back to his car. So I locked up my car and as I walked back, his partner came around and tried to open the passenger door and said "It's locked". Neither of them said anything about a search until after he tried to get in. They asked for my key about a dozen times, threatening to handcuff and arrest me. He originally stopped get me for "allegedly" speeding.

Finally after 3 hours he wrote me a fix-it ticket (free write-off when you fix problem) for one balding tire and loud exhaust.

My car back then looked as though it was speeding when it was parked. It was a clean, loud, show car. He was just pissed because he couldn't get me for speeding without clocking me.

 

[Droogie]

If he has probable cause, he can search the car without asking you for consent. If he asks, don't consent.

You have nothing to gain by granting consent or saying anything.

 

[shibumiseeker]

Also be aware that you can withdraw consent at any point.

 

[Kutnupe14]

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!

Only a poorly trained officer would ask to search a vehicle while the driver is still in the car. That lock the door roll the windows up tactics does no good. Why would you even do it in the first place? If an officer is observing the law, like most of us do, he's not going to Willy nilly search without consent. If he's a bad cop, why would that prevent him from getting the keys from your pocket and conducting an illegal search anyways?

Fact of the matter is, if a bad officer wants to search your vehicle, there's not much you can do. If a law-abiding officer wants to search your vehicle, he may repeatedly ask, but as long as you keep saying no, he won't search your vehicle.

 

[Tactically Fat]

Only a poorly trained officer would ask to search a vehicle while the driver is still in the car. That lock the door roll the windows up tactics does no good. Why would you even do it in the first place? If an officer is observing the law, like most of us do, he's not going to Willy nilly search without consent. If he's a bad cop, why would that prevent him from getting the keys from your pocket and conducting an illegal search anyways?

Fact of the matter is, if a bad officer wants to search your vehicle, there's not much you can do. If a law-abiding officer wants to search your vehicle, he may repeatedly ask, but as long as you keep saying no, he won't search your vehicle.

Just one more step in the process of egregiousness if the keys are wrongfully obtained to then wrongfully search.

You're right in that it won't stop an officer bent on doing it, but it could very well be another "charge" in a lawsuit once the whole thing is over.

 

[Kutnupe14]

Just one more step in the process of egregiousness if the keys are wrongfully obtained to then wrongfully search.

You're right in that it won't stop an officer bent on doing it, but it could very well be another "charge" in a lawsuit once the whole thing is over.

Let's be honest, an illegal search charge isn't going anywhere in most cases. If I was a scumbag cop and wanted to search your car, all I'd have to say is, "I smell marijuana." Oh you don't smoke marijuana? Prove it. It's unfortunate that people can be subject to this type of thing, but they are.

 

[bobzilla]

Let's be honest, an illegal search charge isn't going anywhere in most cases. If I was a scumbag cop and wanted to search your car, all I'd have to say is, "I smell marijuana." Oh you don't smoke marijuana? Prove it. It's unfortunate that people can be subject to this type of thing, but they are.

Prove it? Not a problem. Here's a hair, blood and urine sample. When you've never had an illegal substance in your body, it makes that REALLY easy.

 

[Kutnupe14]

Prove it? Not a problem. Here's a hair, blood and urine sample. When you've never had an illegal substance in your body, it makes that REALLY easy.

Responses:
-"Oh, so you're an occasional user, just experimenting?"
-"ok, you don't use? Well who did you have in your car that DOES use?"

 

[bobzilla]

Responses:
-"Oh, so you're an occasional user, just experimenting?"
-"ok, you don't use? Well who did you have in your car that DOES use?"

Blood hair and urine will show no traces in the body at all, so the first one is out. Second one, I don't have any pot smoking friends. At that point, it's on the officer not me. How many lies can an officer be caught in before HE'S the suspect? From your past responses, I'd guess there is no limit to how many times an officer can lie.

 

[findingZzero]

Ask his name. If it's Bubba, do what he says. If it's VUPDBlue, Kutnupe, BB1, or Opie, just mess with him. But, first, look at his boots.

This is America. Why should you have to prove you didn't do something? OK, I'm naive....

"Hi officer, my name is fzz. I've never done anything wrong. As a matter of fact, I'm up for Sainthood, but it will take a few years. Can you wait?"

 

[04FXSTS]

Just say no! Police also know if they do not have PC anything found in a search will be thrown out of court. Also they can no longer hold you for arrival of a drug dog. This is thanks to a recent decision by the UNITED STATES SUPREME COURT in Rodriguez V United States. An article can be found at GOOD: Absent reasonable suspicion, police can?t make motorists wait for dog sniff | GunsSaveLife.com. We (GUNS SAVE LIFE) are a gun rights group in Illinois and the people that put up the pro-gun "Burma Shave" signs on the interstates. If you check out the article take the time to browse around the site, lots of good articles there. Jim.

 

[Kutnupe14]

Blood hair and urine will show no traces in the body at all, so the first one is out. Second one, I don't have any pot smoking friends. At that point, it's on the officer not me. How many lies can an officer be caught in before HE'S the suspect? From your past responses, I'd guess there is no limit to how many times an officer can lie.

Uh, perhaps you're missing the point. Rare use won't show up in hair, and isn't present very long in blood or urine. Where are you going to get a test that proves your innocent?
You don't have any pot smoking friends? You know that's odd right?

 

[Kutnupe14]

Just say no! Police also know if they do not have PC anything found in a search will be thrown out of court. Also they can no longer hold you for arrival of a drug dog. This is thanks to a recent decision by the UNITED STATES SUPREME COURT in Rodriguez V United States. An article can be found at GOOD: Absent reasonable suspicion, police can?t make motorists wait for dog sniff | GunsSaveLife.com. We (GUNS SAVE LIFE) are a gun rights group in Illinois and the people that put up the pro-gun "Burma Shave" signs on the interstates. If you check out the article take the time to browse around the site, lots of good articles there. Jim.

Most officers in Indiana call for dogs if they can arrive within the "conducting business" span of the traffic stop. It really hasn't affected the way officers do business. I've cut people loose plenty of times because the dog enroute was taking too long.

 

[Tactically Fat]

Uh, perhaps you're missing the point. Rare use won't show up in hair, and isn't present very long in blood or urine. Where are you going to get a test that proves your innocent?
You don't have any pot smoking friends? You know that's odd right?

None of my friends do.

I'm sure there's an acquaintance or two just playing the odds, but none of my FRIENDS partake.

And it's a horrible reflection upon this society when it's considered odd to not have any friends that smoke pot.

 

[Kutnupe14]

None of my friends do.

I'm sure there's an acquaintance or two just playing the odds, but none of my FRIENDS partake.

And it's a horrible reflection upon this society when it's considered odd to not have any friends that smoke pot.

Because it's pot, or because it's illegal? I've never smoked pot either, but in college it was impossible to not have at least one friend (or in my case fraternity brothers) that didn't smoke the stuff.

 

[Kirk Freeman]

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)?

Yes, if the LEO has probable cause that a crime is afoot. Motor vehicles, as they are active, mobile and hostile, are exceptions to the warrant requirement.

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?

Do you listen to the Grateful Dead? Do you know the line "if you have a warrant you might as well come on in"? The cop's nose is his warrant.

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

I would say "No, am I free to go?"

If yes, I would leave.

If no, I would sit there and then ask again.

 

[chipbennett]

Responses:
-"Oh, so you're an occasional user, just experimenting?"
-"ok, you don't use? Well who did you have in your car that DOES use?"

And if you're dealing with *that* kind of a police officer, he'll just call for his "special" dog, that "alerts" to his handler's Manning-esque hand signal.

Cooperate. Don't do anything stupid. Fishing expedition's gonna fish; might as well not give him a free bite.

Though, I would love to reply to "I smell marijuana," with, "so, when did you last have your olfactory nerves calibrated?"

 

[chipbennett]

Uh, perhaps you're missing the point. Rare use won't show up in hair, and isn't present very long in blood or urine. Where are you going to get a test that proves your innocent?
You don't have any pot smoking friends? You know that's odd right?

I have no pot-smoking friends.

And no, this wouldn't be the first time I've been accused of being odd.

 

[T.Lex]

Though, I would love to reply to "I smell marijuana," with, ...

"Then dude, don't let that dog anywhere near your car. They'll smell it a mile away. [pause] Can I go now?"