Authorities Searching your Truck

not sure bout you guys---but i want to get the load--so if they have to look in the truck or what ever--be my guesst

 

In the case of a traffic stop, they are not required and usually will not wait to get a warrant to do a probable cause search.

 

Refusing a search is not probable cause...They can make you sit and wait for a dog and try to guilt you into it but you can stick to your guns if you choose...

>>>> they are not required and usually will not wait to get a warrant to do a probable cause search.

They can't search without your permission or without a reason...A probable cause search, if there is such a thing, has to be based on something other than refusing to allow them to search...If you have nothing to hide, and have the time, because they're going to take that from you, don't allow them, it's your right...Most people don't have the heart to follow thru with that though...

 

Retracted after doing some research!

 

It depends on your state laws I suppose. Also, the air around your vehicle is free air space, they can legally walk a drug dog around said vehicle. If the dog is triggered on anything, they will have probable cause and arrest and either search said vehicle or get a warrant.

I've had this happen once down in Sierra Blanca outside of El Paso. Me and some friends was on our way back home from El Paso and talking our heads off. I thought the Border agent said drive through but he really asked about my nationality. So I started driving off when he flagged me down and told me to pull over. They never even bothered to ask to search the vehicle. They just ran their dog around the car a couple of times.

In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc.

http://en.wikipedia.org/wiki/Probable_cause

 

You're correct, and I wasn't suggesting that refusing a consent search is probable cause. Probable cause is a high standard, but if the officer does develop probable cause in the course of a legal stop, he can search without your permission. The most common example is an overwhelming odor of marijuana coming from a vehicle, or a drug dog indicating on a vehicle.

 

In 15 years of driving I've never had any type of search. I've had cops or DOT ask to see paperwork, ask what is in the trailer, and if I have any deadly weapons.

 

Does a Semi Tractor, tire beater, and pocket knife count officer?

J/K, I wouldn't suggest being smart with one but anything could be used as a deadly weapon I recon.

 

You run across one of those ...

Buford T. Justice types,

best use your sunday manners !!!




And Yes, those type still exist !!!

 

Anything past the curtain they need a search warrant. It's no different than your house.