The best thing you can do in that situation is say, "Do I have the right to say no, you cant look though my car" then they have to tell you the truth of course and if they lie there screwed and your free, if they tell you the truth then you go from there.

My resoning is that they would not have to ask you if you did not have a choice, They have to ask you befor they look, if they dont its iligal, if you had no choice then they would not have to ask to search.

<note: I dont have the exact anser, Its just what I have come to beleve, and every state is differant>

Side Note: there is a police station right down the street from me, maybe I'll stop in and get a real anser, if I do I'll be sure to post it.

This post has been edited by creis: Dec 26, 2004 - 2:14 AM

the legal answer is. You do not need a search warrent. Just propable cause to search a vehicle. Probable cause it pretty much a very thin line. There are no exact definitions of probable causes. Just examples. Its all between the cop and the judge.,

-sapperk+Dec 26, 2004 - 2:11 PM

Yes it is (between the cop and the judge) but it can't be that thin, because it has to stand up to a judge, and a lawyer on your side that this probable cause WOULD BE ENOUGH for a search warren if he were to call in and ask for one. When it comes down to it, if he wants to do a search and you say no, he then has to PROVE in court beyond a resonable doubt that he had probable cause to search your vehicle. he has to do that before he can prove you were speeding, etc. If someone searches your vehicle after you tell them no, get a lawyer; because you'll win (most likely.. unless there's mushrooms on the ground)

Futhermore, you can't get a ticket, you can't get in trouble for refusing a search. There's nothing you need to prove to the judge. It's not like the cop can then write you a ticket for "refusing a search." If you do have nothing to hide, it's a win win situation.

-sapperk+Dec 26, 2004 - 12:01 AM


I didn't think you were correct with this statement so I called up my Dad (police officer of 17 years) and asked him about it. Sure enough, saying no to a search is NOT probable cause.

-Josh

Bottom line, if you say no and he still searches your vehicle (which they'll probably do) just say: "Thats fine officer, but I'm going to need you to write down your badge number, and I'd also like to talk to the supervising officer of the watch."

Remember there are 2 different kinds of searches. If you pulled over for speeding the cop can visually search your car. Which means shine his light in and see if he sees anything to denote furthur probable cause. He needs a warrent however to get into your car and poke around.

Alright. alright. Yes just saying NO is not probable cause, but it makes you suspicious. The biggest thing is, how many cops are gonna pull you over, and know whats illegal, and whats not when it comes to aftermarket parts. And why would a cop look into your enigine anyway? unless maybe you live in CA or NYC and he just stop you in a race.

Well crap I was wrong, I looked it up and apparently the law does validate search incident to arrest, and in certain cases search incident to citation, the supreme court ruled on a case we're talking about right now saying:

"Once (the driver) was stopped for speeding and issued a citation, all the evidence necessary to prosecute that offense had been obtained. No further evidence of excessive speed was going to be found either on the person of the offender or in the passenger compartment of the car."

Although a cop if he finds you suspicious or whatever can follow you until you with intent to search and wait for you to make a traffic violation so he can get in a poke around. So esentially the cop can make your day real crappy >>

damn the above sux, i hate when poeple have to much power eg cops

if you look up cases, there are so many. some where the cop got away and alot actually where the people got off. Most of the time when the cop did find something illegal like drugs they won. There was one case wheere the cop pulled over and searched just because the guy swayed once. he claimed he was under the influence and search. thats easy for a cop to say to anyone and get away with it.

in england the cops dont give a fcuk wot u got,if it goes vroom between 7-7 in the morning they can stop and fine you for desturbtion,the insurers take modding badly,they give you a kik in the jewels if you mod and dont tell,here,a cop wont search your car but any dikin around and he'll fine you,bent cops,catch me if you can,vvvvvrrrrrroooooooooommmmmmmm!!!!!!!!!!!!!!!!!!!!!!!!

-D4W5+Dec 30, 2004 - 2:53 PM


^^
hey im starting to like this guy.... hes like comical relief during a seriouse discussion >>

i just dont see what the deal is,drivin in the us is totaly diff to uk,i thought us had much leniant rules,you guys beat us on fuel though,im payin 79 pence per litre