[supercat]

This isn't an invasion of privacy. It's a consent search. They ask you if they can search your vehicle. If you consent, they search, hence the name. If you don't, they don't, and you go on your way unless they havecan invent a legal reason to detain you.

What legitimate reason is there for a cop to ask permission to search a vehicle? If probable cause exists, no consent is needed. If probable cause does not exist, what is the basis for asking?

In any traffic stop, the clear implication is that the motorist is at the mercy of the police officer who is in a position to write a ticket or not based upon whether he 'likes' the motorist. This is clearly a coercive position on the part of the police officer, and officers who ask concent for searches are taking advantage of it. What legitimate reason is there to allow them to do so?

[flashbunny]

What legitimate reason is there for a cop to ask permission to search a vehicle? If probable cause exists, no consent is needed. If probable cause does not exist, what is the basis for asking?

There is a gap between suspicion and probably cause. If a deputy has a suspicion, but not enough probably cause to stand up to a constitutional test, he can ask for consent. That's part of what they're trained to do - use their experience to detect when something just doesn't seem right. This isn't a roadblock with random searches. This is a situation where you have someone pulled over, and if you feel there is merit, you ask them to consent to a search. If they agree, you search. If they don't, they go on their way. The deputies don't like to waster their time, either. They're not going to go on fishing trips.

It's a valid, constitutionally tested tool for law enforcement. Again, I live in the area. I crossed over in the primary just to vote for David Clarke. He's only allowing deputies to do these searches who have had 40 hours on training as to the constitutionality of their search powers. He will hold any abuses of this accountable.

When he was being interviewed on the air this morning, somone called up and said an employee was asked to consent to a search during a traffic stop. After the stop the deputy gave him his card. That is the professionalism of his deparment and his approach. You are trained to do what you are asked. You are expected to follow your training and the law. And you will be held accountable for your actions as a deputy.

I know fully know and respect the constitution, and this doesn't go against it. It's just a tool available to fight crime, and I don't want to hamstring a trained police officer based on somebody's unfounded fears. I would rather have this available to be used under the discretion of trained officer than to deny it completely because some people see a bogeyman that isn't there.