How to Refuse a Police Search (USA only)

Interesting subject. Imho, everyone who lets an officer do his job is part of the solution, not the problem.

 

Huh?

Care to expand on that?

 

And THAT is the reality of the situation.... Coming from a family of cops, State, Local, Military...they will just NOT put up with it.... You may fight it later all ya want... but that's later...

 

"If a LEO feels that he has probable cause to search it, he ain't gonna ask my permission first, as he legally doesn't require it."


EXACTLY RIGHT!

 

LOL! Well said!

 

Interesting topic...
And being on BOTH sides of this issue, at one time or the other, I can offer this: There's a distinct difference between what happens out there in the field, and what happens after you've been hauled back in, locked, lawyered up....
There is NOTHING stopping ANY LEO from searching you or your vehicle, anytime they wish....CMV or personal...golf cart or horse-n-buggy.... They WILL find a way to do it. IF they want to...

Now... is it right? No. Is it unconstitutional? In my view, in your personal effects and vehicle, yes. In a CMV, no. You've AGREED to this when you signed on. (No... I'm not a trucker yet, so don't start there, ok?

But the reality of the situation is one thing... the IDEAL of the LAW is something else, and is NOT decided out on the road at midnight, but much later after you're vehicle has been ransacked, shiat strowed all over the road, dogs all over everything, you in the back of a car on your way to the closest State lockup to cool off for three days until someone gives you a phone call to make to a lawyer and maybe a hearing....sometime soon...

I totally agrre with the intent of the original idea: you CAN refuse the search. You SHOULD. You should NEVER say ANYTHING else other than your name and provide your DL... EVER! I am a constitutionalist kinda guy...believe in it.... I also know what reality is.... and settling matters one on one with a cop or cops (like deer - there's ALWAYS more than one!) is a losing proposition....

Me? I am not a trucker yet. I will be this year. Regardless, I try to not be illegally carrying anything that can burn my biscuits.... I let them look. WTF do I care? They are gonna do it anyways, if they want to....

Well... my 2 cents...
Skeet

 

"...the Fourth Amendment debate isn't meant to be fought entirely on the side of the highway...."

I hadn't read this before I commented, by exactly right....

 

Perhaps we SHOULD! Change starts with small steps made by "small" people... I'm all for it... Just realize reality...

LEOs are NOT your friends...exactly right... they are under NO COMPULSION TO ASSUME INNOCENT UNTIL PROVEN GUILTY!!!!! They ALWAYS take the stance that you are guilty... and for #### good reason....!

I like your last statement.
Everything else happens in courtrooms and lawyers restrooms...

 

I agree 100%.
What happens in the field is way different from what happens in the courtroom.
You SHOULD refuse! I agree! And he will do what he wants to do, based on his 'feelings'.... everyone does...they all do. I did! The next cop you meet does...and the next and the next.... often that's all ya have.... may not be 'admissible'. You might very well sue the pants off them all... Awesome! But that's the system we have...broken cogs and all.