Posted on 11/29/2007 6:38:28 AM PST by Sopater
How many times have we seen it? Someone is pulled over for a traffic violation, or maybe just a routine traffic stop, and the next thing you know his or her car is being searched. Nevertheless, most of the time, it is with the consent of the of the person being stopped. Why are you consenting to a search when there is no probable cause for one? The answer is simple, people are not aware of their rights.
The Constitution and the protections that it guarantees can be a bit daunting to "just regular ole' folks," but the gist of it goes something like this:
·Police may initiate a conversation with any citizen for any reason, however they may not detain you without "reasonable suspicion" that you are engaged in criminal activity. When you are stopped, you should ask the officer, "Why am I being stopped?" If the officer does not indicate that you are suspected of a specific crime, then this is a casual stop and you should be allowed to terminate the encounter at any time, but if the officer indicates that you are suspected of criminal activity, you are being detained.
·If a police officer asks your permission to search, you are under no obligation to consent. The only reason he is asking you is may be he does not have enough evidence to search without your consent. If you consent to a search request, you give up your Fourth Amendment protection against unreasonable searches and seizures, Scheneckloth v. Bustamonte, 412 U.S., 93 S. Ct. 2041, 36 L.Ed.2d 854 (1973).
Generally, if a person consents to a warrantless search, the search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during such a search generally can be used to convict the person.
Do not expect a police officer to tell you about your right not to consent. Generally, police officers are not required by law to inform you of your rights before asking you to consent to a search. If, for any reason you don't want the officer digging through your belongings, after you have consented to the search, you should tell himthat you don't want him searching through your private things and If the officer still proceeds to searchand finds illegal contraband, generally your attorney can argue that the contraband was discovered through an illegal search and that evidence could be thrown out of court, this is not always the case though.
You have the right to terminate an encounter with a police officer unless you are being detained under police custody or have been arrested. The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. If you cannot tell if you are allowed to leave, ask the officer, "Am I free to go?"
I hope that this article informs people of their basic rights as far being stopped and the protections that are afforded to us by the Constitution. The goal of this article was to generally inform about the laws of consent and search, this article in not way is meant to be specific, for a more specific break down, I would advise to look at your state statutes, becaue they sometimes provide for more protection than the constitution does.
Detaining someone for an hour on the side of the road could well be a "seizure" for Fouth Amendment purposes that would require probable cause.
Having been stopped for speeding in Virginia the deputy asked to search my vehicle. I declined, and he threatened that he could get a warrant. I told him to do exactly that and when he was done I would own the double-wide trailer that he lived in for wrongful prosecution. He backed off pretty quick gave my my ticket and I left. I had nothing to hide, but I reserve the right to due process, period.
Or better yet, just put Mexico plates and a Mexican sticker on your car, you’re sure to be left alone.
OK, if what you say is correct (someone else please step in and set the record straight if he is not), then at that point could the "suspect" insist that a state police officer or a supervisor be present during the search?
The problem is, at this point the cop is already pissed off because the "suspect" has "inconvenienced and disrespected him", so he may justify planting something in the "suspect's" car because "the guy deserves it for not being a sheep".
This was my hunting partner; not someone's brother's friend's sister's boyfriend's uncle.
...particularly if (in Spanish) you demand to talk with the Columbian consulate before answering any questions.
I am in Texas. Your post was dead on right.
I would be affraid that I would arouse suspicion if I refused to give consent to a search although I’d be well within my rights.
The men in black are counting on a subject type of populace . Stay affraid ;) and they win . Embrace your fear .
After taking a consitutional law course in college while in my early 20’s, I already knew this back then. As cops back then would routinely pull over anyone under 30 for literally no reason, I enjoyed the cat and mouse game with the cop knowing full well what my rights were and knowing full well he assumed I didn’t. Simply because it was my right, I would ask what his probable cause was for wanting to search my car or pickup. I remember a couple of times where the cop tried to change the subject or divert away from my question. I always refused a search and cited the 4th amendment. Most of the time the the cop would just waffle away mumbling something about needing to be more careful or give me the ticket I deserved.
Too often cops think they’re the expert on law and you’re not. I got into an argument with the president of the PTC, a cop, over what the school needed to do regarding federal law governing children with disabilities in school and my ADD daughter. His response was something like “well, I know something about the law” which was probably the most ignorant response he could have given.
Insofar as it helps the guilty party get away, it might make one an accessory after the fact, and thus actually guilty of the crime to which one has otherwise falsely confessed.
Ping to self.
Not necessarily. It could just be that they have nothing to hide, so they voluntarily give up their right to refuse the search.
I doubt it went down that way---refusal cannot be part of the grounds for probably cause. If it were, there would be no reason at all for the cop to ask if he can search, since even if you refuse, he searches anyway.
My ride is a motorhome. I live in it full time. My worst nightmare is having the police go through it. Since it is my home, I may have more protection. Still, it’s a horrible fear. I have visions of my sewing machine flying through the air, then next my good flatware. After that go my undies. Yep, big nightmare.
Saw on T.V. where a couple allowed their daughter to have a party in the basement and invite her friends. The parents were very careful no alcohol, drugs, etc and watched as the friends arrived.
Later that night poice showed up on a noise compliant or too many cars in front of house or something like that. the parents answered the door, police asked if they could search, they said yes and police barged right past them. Police found alcohol and drugs, underage kids downstars. Turns out daughter had let more kids in the basement door who had drugs and booze
Parents prosecuted, over $100,000 in legal fees so far.
A real nightmare. The parents said they didn’t have to consent to search and the premise of the show (20/20 I think) was that you NEVER benefit by allowing a search.
I think it’s just hysterical that so many “conservatives” hate law enforcement so bitterly, yet will probably still claim that they support law and order. Kinda funny, that.
Once the cops are in your face, they’re pretty much gonna do what they want. Refusing to give consent to a search has WAY more to do with what might happen in a courtroom than with waht happens at the scene.
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