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.
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.
I have spent 26 years of my life in the military defending freedom. I would not willingly allow an officer of the law to search anything of mine, and I wouldn't care too much if he didn't like it.
“What in particular would you be searching for, sir?”
If the officer doesn’t have an answer for that, then any warrant he might want to present would not qualify as a 4th Amendment warrant.
Naturally, when that officer explodes and yells at you to get out of the vehicle, you’d better not hesitate, and you’d better cooperate with the detention and arrest 100%. Only follow that path if you intend to sue for damages, and are prepared to go through hell to do so.
Other than that, BOHICA, so smile and give up your Right to not be searched unreasonably with a serf’s attitude.
“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.”
Then they have intimidated you into giving up your rights.
I’d be inclined to consent to a search if they can give me a reasonable explaination of what it is they’re looking for and what leads them to believe I might have it. Otherwise, not so much.
Recognizing that in a nation of over 300 million some police abuses will occur. Currently the overall nationwide environment with police is not one of unreasonable searches.
OK, I tell the officer that I don’t want to speak with him or allow a search, as is my right under the 4th and 5th Ame ndments.
What happens next, now that the officer thinks I’m a wise ass?
Problem is, they can keep you hanging around infinitum until they get a warrant. So, if you’ve got nothing to hide. why not? There’s a very thin line between “principle of the thing” and just plain foolishness.
Doesn’t anybody give a rat’s behind for the Constitution any more? Let’s just rip it up and forget about it. Why does everyone think it was important to codify these rights in the first place? There’s just too much trust of government here. If the founding fathers could see us now, they would wonder why they bothered to risk everything just for us to toss what they accomplished out the window.
I have nothing to hide. I won't consent to a search without a warrant. If the police think I have done something wrong, they can follow the process. If not, they can stop wasting my time.
The only place you don’t have that rite is within 25 miles of the Mexican border.
Unfortunatly that does not protect you.
Police do use the uniform’s intimidation to scare you.
DUI/DWI taskforce officers routinely PREFILL out their police report forms so if you are being stopped for a drunk driving arrest, your arrest is GENERALLY a foregone conclusion. Police still use the Horizontal Gaze Nystagmus despite it being excludable as evidence, to justify an arrest.
At some point it is just best to refuse EVERYTHING. No roadside exercises (they are not “tests”) and refuse breaths because a one year administrative refusal is easier and cheeper to fight than a jury trial.
Ever since I have been asking myself, if I were in a big hurry to get somewhere, would it be worth it to refuse a search?
Does anyone know if there are any time limitations on detaining people or their vehicles if there is no probable cause?
I have to laugh when I read things like this. The author, while no doubt technically correct, obviously doesn’t live on Planet Earth — you know, the one with the real cops. In the real world, if you refuse to allow a cop to search your car, you are going to jail, and to hell with your 4th Amendment blah blah blah.
>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.<
What do you expect could result from your refusal to give consent to a search ?
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