How to Refuse a Police Search (USA only)
Discussion in 'Questions From New Drivers' started by Ranger_309, Dec 22, 2010.
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Now I know what to do,
whew............ -
Don't worry the US Marshall's will protect you.123456 Thanks this.
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They should, I got a bumper sticker that says I support them !!!!!
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what kind of idiot thinks any government agency will protect you from another government agency? haha. i've never heard that joke and the first time i saw that post in this thread i laughed and said thats a good joke.
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Let me make this very clear. I HAVE been stopped many times by cops with _NO_ Probable Cause to do so. This often happens at night when I have been working swing and night shifts and the police are looking for drunk drivers and other possible illegal activities.
Fact: I have refused many a vehicle search over the years and I am still here a free man, not in jail or prison, so I must be doing something right.
When the cops ask why, I tell them that I am enforcing my constitutional rights in doing so. I DON'T play into the "well, if you have nothing to hide" BS the cops try to pull. Thats a guilt trip that I simply dont play.
Most cops have done things themselves that are quite illegal, so remember that when you are dealing with police officers. They are not simply innocent, by nature or because they wear a uniform, have a badge and a gun.
BTW, just so you and the others understand, I have never said you should be impolite to a police officer, but you can be polite in refusing to answer any questions and refuse a search. The officer knows what your rights are under the law. In so many case the driver simply does not know, or they are scared by the officer's voice, words, threats or their "authority".
Don't be intimidated, or you can easily lose your freedoms, these days.
You DO have to have a set of stones if you are dealing with a mad, bulling cop or cops, but I would rather take a verbal or physical beating by a cop, then give up my constitutional nights, that so many have died trying to protect. -
What happened long ago doesn't apply to post 9/11 American policing practices now.
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Although it's not supposed to be, there may be some amount truth to that. On the other hand most officers do not relish the idea of performing an unnecessary or possibly illegal search and the ensuing paper ##### storm.
If he is asking for your consent he obviously has no probable cause. It is however a good idea to ask him to explain the parameters of the search if he is seeking your consent.
Sure it does, or at least it should. When I was a LEO (State Trooper in a southern state) I had many people say no. I would finish my business and be on my way, and basically that was Dept policy. Surprisingly I had many more people say sure, go ahead without even a question. I am sure there are some officers who would search anyhow and my best advice is to let him do what he wants (You would be more than a fool to attempt to physically stop him) and pursue it later if you so desire.
Best regards -
Did I say anything about a refusal or being suspect or even anything about the 4th Amendment? If so please point it out.
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listen take it easy i'm on your side and completely agree on the freedoms being taken away thing. the whole rude thing was my post might of came off like its ok to be rude to cops, it had nothing to do with your post. i just play safe and ask them why they wanna search it. whatever works, but either way, like i said i'm on your side and believe people need to start standing up to cops, with that being said keep in mind cops are just enforcers, the real problem are the law makers. america seems to be catching on but its gonna take a while to be the country we used to be.
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