Refuse to be searched?

Love2shoot

Love2shoot

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Anyone on here have first hand experience with refusing an officer to search your car? I am interested to hear how it worked out. I am inclined to believe that if you do that the officer will most likely take offense and "find" a reason to search etc and make your life miserable?

On the flip side, any officers on here that have pulled someone over and asked to search and been refused? If so how are you trained to deal with that?
 
Having a CHP, and declaring that still does not give them the right to search you at that point correct? Because you are not breaking any law or giving any probable cause of breaking any law just by legally carrying concealed I would think?
 
My CHP instructor recounted an experience where he was stopped, "declared" and then was asked by the LEO to show him the gun. He refused and somehow lived another day. Personally, I don't think I'd be inclined to be argumentative.
 
Love2shoot said:
This is exactly my reason for the post. I read that whole page, but lets be honest, if you say to the officer "am i free to go, or are you detaining me" or you say I do not consent to searches, what are the chances that you are walking out of there? With no camera, no witnesses, nothing bu you and him/her, I am sorry to say but my gut tells me not very good.
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I don't know what to say. If you're sure that you are doomed nothing I can say or do will alleviate your paranoia.

A lot will have to do with the circumstances of the stop, Totality of the Circumstances, say you are rolling around in a drug neighborhood at 0 dark 30 and they see you stop at at a house for 2 minutes. They might be inclined to dig a little deeper into your business than you were speeding on the way to work. On the same token, if you are pulled and you start screaming "I do not consent to your fascist treatment" they might think you are doing something they are contracted to prevent.

Usually respect begets respect and remember they don't owe you anything no matter how much taxes you pay.

People here will parrot cops being on a fishing trip but at the end of the day their job is to uncover crimes and prosecute criminals.
 
I was (involved in that situation), many years ago, at a small Army facility in northern Jersey, Picatinny Arsenal. They had a roadblock and it looked like they were searching all cars. I pulled up, they asked if they could search mine, I said "no, it's my sister's car, I have no clue what you'll find hahaha." he said, "OK," and waived me through. To this day I don't know what it was about.
 
Ikarus1 said:
They will mosy likely call in a K9 to "sniff" your car for probable cause.
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In Rodriguez v. United States, the U.S. Supreme Court held that, unless they have reasonable suspicion of a crime, the police can’t extend a traffic stop in order to conduct a dog sniff. Otherwise, though, officers are generally entitled to use dogs to sniff cars during traffic stops.

Meaning they can't call one in and expect you to wait 20 minutes for their arrival. Once you take the human element out, the dog could piss on the tire and the officer could say that was him indicating there are drugs in the car.
 
Chuckman said:
I was (involved in that situation), many years ago, at a small Army facility in northern Jersey, Picatinny Arsenal. They had a roadblock and it looked like they were searching all cars. I pulled up, they asked if they could search mine, I said "no, it's my sister's car, I have no clue what you'll find hahaha." he said, "OK," and waived me through. To this day I don't know what it was about.
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What a great idea. I'll have to remember that!!

Wait, I don't have a sister.

:(
 
Zedhound said:
really? 0 dark 30? ok Jessica Chastain
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I'm in the market to buy one of these signs. I guess LEOs might pay less attention to me stopping in front of that "known drug house" in the wee hours.

BN-IE744_0503DO_G_20150501030126.jpg
 
Brian K said:
In Rodriguez v. United States, the U.S. Supreme Court held that, unless they have reasonable suspicion of a crime, the police can’t extend a traffic stop in order to conduct a dog sniff. Otherwise, though, officers are generally entitled to use dogs to sniff cars during traffic stops.

Meaning they can't call one in and expect you to wait 20 minutes for their arrival. Once you take the human element out, the dog could piss on the tire and the officer could say that was him indicating there are drugs in the car.
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Good luck with that holding up. Meanwhile, you're getting searched.
 
Ikarus1 said:
They will mosy likely call in a K9 to "sniff" your car for probable cause.
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The problem with that is when the police do that, they ruin a $50K dog. It takes time and a lot of money to train a drug dog.
When a K-9 officer then retrains the dog to alert on command, they are useless as drug dogs and when caught, every case that arose from that dog can get thrown out.
 
Jeppo said:
My CHP instructor recounted an experience where he was stopped, "declared" and then was asked by the LEO to show him the gun. He refused and somehow lived another day. Personally, I don't think I'd be inclined to be argumentative.
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Son had a bumper tapper yesterday. My wife wanted to me to go the scene to keep my son straight. Very minor. But still the guy called Police. When NCHP trooper showed up I said my son and I both had permits and the I was carrying. The trooper pretty much ignored it. The other guy says "I don't have a permit." Ha! He didn't know NC has the silly duty to inform.
 
Jeppo said:
I'm in the market to buy one of these signs. I guess LEOs might pay less attention to me stopping in front of that "known drug house" in the wee hours.

BN-IE744_0503DO_G_20150501030126.jpg
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But an Uber Driver is probably not safe from prosecution, depending on local laws. Usually only licensed taxis and limo are exempt from prosecution if a passenger has an illegal substance.
 
Ikarus1 said:
Good luck with that holding up. Meanwhile, you're getting searched.
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Straight from Rodriguez.

“A police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” Justice Ruth Bader Ginsburg wrote for the majority. The vote was 6 to 3.

Will you still get searched? Maybe. Will you be getting paid for your trouble? Yes.

No, every time. LE does not search cars to prove innocence. The answer is always no, you cannot search my car. That question comes at the end of the stop for a reason. Because the stop is OVER and you are about to be let go on your way. The only person who extends the stop is you by consenting. They know that, you need to know that too. If they have a valid reason to search, you don't get the option to consent. NEVER GIVE CONSENT.
 
Ikarus1 said:
Good luck with that holding up. Meanwhile, you're getting searched.
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?? "Holding up"?? Who's left to appeal to after the Supreme Court? An officer cannot detain you waiting for a drug dog unless there is reasonable suspicion. Period.
 
rdinatal said:
They don't care, it's taxpayer $$! Oh, Fido's not working >50% time to get another...

-R
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It's also their reputation on the line, I don't know that many who would risk that just to come up dry on a search. all of their searches are documented for statistics and it doesn't pay to have false hits. Of course if they find something that would indicate the dog was accurate.
 
Tim said:
?? "Holding up"?? Who's left to appeal to after the Supreme Court? An officer cannot detain you waiting for a drug dog unless there is reasonable suspicion. Period.
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As in holding up in court. FWIW, if you get searched in violation of this law, who's burden is it to prove that?
I don't think 1. most officers are trained to start a timer while calling in a dog and 2. that ruling is vague enough where "reasonable" could be 30 minutes or more in rural area.

Every DWI checkpoint I have encountered in the last 5 years has had a K9 unit there, ready to go.
 
Sorry to keep stoking the fire but what stops an officer from saying I smell marijuana, please step out, even though I don't have or smoke it, how could one argue that? Why wouldn't they say that everytime they want to check a car? Is there any consequence to the officer searching and finding nothing?

Just to be clear I am not anti LE, I just have certain concerns knowing that there ARE some bad apples out there.
 
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fishgutzy said:
The problem with that is when the police do that, they ruin a $50K dog. It takes time and a lot of money to train a drug dog.
When a K-9 officer then retrains the dog to alert on command, they are useless as drug dogs and when caught, every case that arose from that dog can get thrown out.
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The "government" shouldn't be telling or even trying to tell people what they can and can not put in their bodies. At most their involvement should be limited to dealing with DUI type instances where an impaired individual puts the public at risk. By extension they have no grounds to try to use their force arm to do so.

Problem solved.
 
Love2shoot said:
Sorry to keep stoking the fire but what stops an officer from saying I smell marijuana, please step out, even though I don't have or smoke it, how could one argue that? Why wouldn't they say that everytime they want to check a car? Is there any consequence to the officer searching and finding nothing?
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I've only known one cop who would lie about PC his reputation was sh@+ and he sells insurance now.

If they constantly claim PC and come up dry it does catch up to them.
 
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J R Green said:
It's also their reputation on the line, I don't know that many who would risk that just to come up dry on a search. all of their searches are documented for statistics and it doesn't pay to have false hits. Of course if they find something that would indicate the dog was accurate.
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To be honest, I don't care about their reputation.

-R
 
Love2shoot said:
Sorry to keep stoking the fire but what stops an officer from saying I smell marijuana, please step out, even though I don't have or smoke it, how could one argue that? Why wouldn't they say that everytime they want to check a car? Is there any consequence to the officer searching and finding nothing?

Just to be clear I am not anti LE, I just have certain concerns knowing that there ARE some bad apples out there.
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If that were to happen, I would request an immediate drug test. When it came back negative, I'd have his badge.
 
Love2shoot said:
Sorry to keep stoking the fire but what stops an officer from saying I smell marijuana, please step out, even though I don't have or smoke it, how could one argue that?
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Me thinks you're watching too much Live PD!!!!

:D
 
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Jeppo said:
You're watching too much Live PD!!!!

:D
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Hahaha Jeppo, that is currently my favorite show, however did you notice when the show was new a lot of the interactions were police drawing their guns when it wasn't warranted or even LEO teams muzzle sweeping each other on raids, and that has since been tamed down so even if they aren't editing it they definitely are more choosy about what they air
 
I have politely declined a car search on I95. Received a written warning for speeding (63 in a 55) and was asked, "Do you mind if I do a quick search of your vehicle," by the LEO. I answered, "No thank you." He didn't attempt to delay the stop, and was professional during the process.
 
Love2shoot said:
Sorry to keep stoking the fire but what stops an officer from saying I smell marijuana, please step out, even though I don't have or smoke it, how could one argue that? Why wouldn't they say that everytime they want to check a car? Is there any consequence to the officer searching and finding nothing?

Just to be clear I am not anti LE, I just have certain concerns knowing that there ARE some bad apples out there.
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I had an officer tell me he smelled weed. At that time I too eagerly said to him, " hahaha, ok, I will play this game". I got the stink eye glare for a minute. He went back to his car ran my info. Nothing else was said.

He would have been fishing in a dry up pond.
 
Ikarus1 said:
As in holding up in court. FWIW, if you get searched in violation of this law, who's burden is it to prove that?
I don't think 1. most officers are trained to start a timer while calling in a dog and 2. that ruling is vague enough where "reasonable" could be 30 minutes or more in rural area.

Every DWI checkpoint I have encountered in the last 5 years has had a K9 unit there, ready to go.
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The court case was a 29 minute stop, that was extended 7-8 minutes by calling the dog. A few minutes on top of that by calling backup. The SC ruled that even that amount of extra time was too much.

I don't know anything at all about policing, but I can pretty much guarantee between the body cams, the dashboard cams that turn on when lights are turned on, and the calls to their switchboard, several things are likely time stamped.
If they broke Rodriguez, they'd know, and it'd be thrown out easily.
 
Love2shoot said:
Hahaha Jeppo, that is currently my favorite show, however did you notice when the show was new a lot of the interactions were police drawing their guns when it wasn't warranted or even LEO teams muzzle sweeping each other on raids, and that has since been tamed down so even if they aren't editing it they definitely are more choosy about what they air
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I'm thinkin' it has become America's favorite show. I wouldn't have been able to accuse you of watching too much of it were I not addicted myself.

One thing I find interesting is the small number of permitted carriers they encounter.
 
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