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'I don't consent to a search, officer'
'That's fair enough and within your rights.....have a seat while I check out your license information and the registration for the vehicle and issue you a summons for exceeding the posted speed limit by going 50mph in a 30mph zone'
10 minutes later.
'I need you to sign the summons agreeing to appear in court....this is not an admission of guilt but simply a promise to appear in court to take care of the charges to avoid having to post a bond.........thank you!'
'Oh, and could you step out of the vehicle the K9 officer has just arrived and will be conducting a plain sniff walk around of the exterior of your vehicle, which is perfectly legal and Constitutional as determined by state and federal case law.'
'What is this? This appears, based on my training and experience, to be marijuana.'
'Officer, that's not mine and i'm not familiar with it ever being in my vehicle'
'That's fine, according to State and Federal case law, all passengers in the vehicle are subject to arrest, so you and your two friends are under arrest for possession of less than 35 grams of marijuana. Please turn around and put your hands behind your back.'
It depends on what I was suspicious of. If I thought you had drugs i'd call for the K9 and write you a ticket while we waited for him.Question for LEOs:
If I were ever in such a situation, I would refuse permission for a search of my vehicle or my house, not because I have anything to hide, but as a matter of principle. If you were the officer who pulled me over for speeding/broken tail light/whatever, and you were suspicious of me for who-knows-why, and I said, "No officer, I do not consent to a search," how would that fly in real life?
"Well, do you mind if I look round the car a little bit?"
Well my glove compartment is locked so are the trunk in the back
And I know my rights so you gon' need a warrant for that
"Aren't you sharp as a tack, you some type of lawyer or something'?"
"Or somebody important or somethin'?"
Nah, I ain't pass the bar but i know a little bit
Enough that you won't illegally search my ****
"We'll see how smart you are when the K9 come"
I got 99 problems but a ***** ain't one
I've had it happen. The driver went on their way, I documented the incident as required by our policy and that was it.Question for LEOs:
If I were ever in such a situation, I would refuse permission for a search of my vehicle or my house, not because I have anything to hide, but as a matter of principle. If you were the officer who pulled me over for speeding/broken tail light/whatever, and you were suspicious of me for who-knows-why, and I said, "No officer, I do not consent to a search," how would that fly in real life?
I am in agreement with you, i'm not granting consent to search either.....but, like yourself, i'm also not engaged in a criminal enterprise. Contrary to what folks making videos like this would have everybody believe, most police encounters are like you describe.....cursory and professional, if not sometimes cordial.First off, in my 53 years of existance, I have been stopped maybe 10 times in all. Most were trafic speeding but a few were license check road blocks. Once I even had a .357 magnum on the back seat (back then in Texas there was no carry law, and thus you had to prove you were 'traveling'.)
I have NEVER been searched. Not once. Not even threatened with a search.
But my policy is to say no to any search. Politely say no. Firmly say no. But still say no. I will explain to them I have nothing, zero, nada, zelich, illegal in the car or house. But it is my polcy to not allow searches.
Sure they might bring a dog. Fine. I'll wait. I won't get pissed off. But I will wait.
Like I said, never been even threatend with a search. Now you ask me, what did the cops say when they saw my .357 on the back seat? Well after I told them I was going to shoot at a friends house, they told me to next time put it in the car pocket cause 'if we can't see it, we can't arrest you for it." and they let me go on my way.
Deaf
And that's why I don't care about these videos...I'm all for folks knowing their rights...........but I want to know why the 'hero' of these little 'Know your rights' drama plays is always some 19 year old punk kid holding weed? Perhaps because every 19 year old punk kid holding weed has this as a fantasy I suppose.......you know, quoting the law and cowing the cops.......the irony is that it almost ALWAYS backfires on the 19 year old kid who tries to follow the advice given.....because they almost ALWAYS forget one critical element or another.
And quite frankly a teenage boy is the LAST PERSON that needs to be getting away with anything.....then he becomes a 'grown man' who thinks he can get away with anything and ends up in prison after he outsmarts himself.
Question for LEOs:
If I were ever in such a situation, I would refuse permission for a search of my vehicle or my house, not because I have anything to hide, but as a matter of principle. If you were the officer who pulled me over for speeding/broken tail light/whatever, and you were suspicious of me for who-knows-why, and I said, "No officer, I do not consent to a search," how would that fly in real life?
I've had it happen. The driver went on their way, I documented the incident as required by our policy and that was it.
My personal practice is simple. Under the Carroll Doctrine, I can search a car if I've got PC to support a warrant. If I've got PC -- I don't ask. I search, and I tell you why. If I'm asking, I don't have PC. You have the right to refuse, and refusal does not equate to giving me PC. You go on your way -- though I may try to change your mind as long as you'll let me.
For searches of persons or homes, it's a little different. There is no Carroll Doctrine; depending on what evidence I have to support it -- I can have someone hold a house (or, sometimes, even a person) while I get a warrant. If I don't have enough for that -- I'm out o' luck. I'll have to use other means to continue my investigation...