There's the problem. The answer is always "Only with a warrant." Even if you have nothing to hide and the police have threatened to make your day miserable my forcing you to wait for hours you have a responsibility to freedom to make it difficult and force them to get the warrant. If everyone did, the courts would be so overloaded they wouldn't be able to get them.
There is no constitutional right to drive. I expect the local police to be pro-active when drivers don't obey the laws when they pass through town.
Um, I meant consensual...
Yes, he shouldn’t have agreed to the search. Never ever talk to the police.....EVER.
With this ruling, so what?
Don't you think an excuse could be fashioned that some officer (mistakenly) believed that he was acting in accordance with the requirement to get a warrant, even though he hadn't?
The decision wasn’t over that, though. It was over making the stop.
You are absolutely right! Why should a police officer search your car for an equipment malfunction? There is no probable cause, just an overreach of presumed authority.
When asked to search, “Respectfully officer, I do not give consent to search.”
Assume in the first instance that the person stopped has nothing to hide in the trunk. The person requires the officer to obtain a valid search warrant. Waiting the extra time, a search warrant is issued and delivered to the officer and the search takes place. Now, the direction of this search can take two directions: either there is a valid and truthful search and nothing is found, giving the victim reasonable cause to seek legal action should the search destroy anything in his car; or, the officer or the deliverer plant something they then 'find' in the trunk. The person whose trunk was searched with a valid warrant has been 'set up', but the process has been drawn out over a longer period than just a quick stop and plant, making it more likely that faulty links in the chain of corruption can be uncovered during the extensive legal process to follow.
The monkey wrench arrives in the form of corrupt police/corrupt legal system. With goons like Holder running the unJustice Department, that behavior is rising every day in Amerika. A citizen has only one recourse at this point in the decline of our Republic. Hope to draw the process out so long that the corruption can be discovered and exposed. So NEVER agree to a search that is not instituted by a warrant validly served. Non-corrupt leos will be no threat and if a setup happens due to the delivering agent planting material, the non-corrupt leo will have an eye opener and perhaps be turned in 'Our' favor against the corruption.
If she said, “No, you cannot search my car,” how can the police get a search warrant?