Thread below got me thinking, what would REALLY happen if

[Matt 0]

you refused a police officers request to search you car? I find it hard to believe they would just let you go. Anyone know what really happens in that situation?

[Malsua 1,422]

you refused a police officers request to search you car? I find it hard to believe they would just let you go. Anyone know what really happens in that situation?

 

It depends. Do they have probable cause to search your vehicle? If no, they indeed do let you go.

[Matt 0]

you refused a police officers request to search you car? I find it hard to believe they would just let you go. Anyone know what really happens in that situation?

 

It depends. Do they have probable cause to search your vehicle? If no, they indeed do let you go.

 

I would never have anything illegal in the car nor anything that would cause them to have probably cause - I always like to think I would refuse a search just to exercise my right to do so however I wonder if it would actually cause much more of a hassle then its worth. I have heard that sometimes they detain you until they can get k-9s out to sniff around your car, etc.

[Springfield1911 22]

Yes this happened to me once. I was 18. I refused and basically told the cop to go fight some real crime. I was detained on the side of the curb for like 2 hours. They finally got the K9 dogs and they didnt find anything. So eventually I was let go but ruined my weekend. I later found out that the officers could possibly get bitched at by their Chief because the county charges the local PD to get K9 out. Im not sure about this though. They might have been trying to find something to do.

[Shane45 807]

The reality of it is knowing your rights. There are differences between detained and under arrest. I know I have the right to not be unduly detained or searched. Here's the problem, because I never have anything to hide, I dont care if they do. BUT now this has the net affect of possibly teaching officers that only people that have something to hide dont allow searches. The person that legitimately excersizes his rights is the few and far between odd man out and will likely be viewed in catagory 2, hiding something. The key question here is am I free to go. If the poster aboves story about 2 hours is accurate, I would say you were under arrest! However, if you never asked the key question, it becomes grey. Now Im all for standing up for your rights, but telling the officer to go fight real crime.. well thats not how I woulda rolled

[Jon 264]

In my dept(i'm not a leo but work with them), we had an incident a few months ago where a car was full of known drug dealers. We had officers confront them about dealing in the neighborhood, which the obviously denied. They refused to consent to a search of the vehicle so we called in a K9. Because the K9 did not hit on anything from the exterior of the vehicle we were unable to search the vehicle, and had to let the scumbags go on their way.

[NJgunowner86 0]

"A right unexercised is a right lost"

 

Just because you are a law abiding citizen, doesn't mean you have to forfeit your constitutional rights.

[Guest]

you refused a police officers request to search you car? I find it hard to believe they would just let you go. Anyone know what really happens in that situation?

 

 

umm as i pointed out i HAVE refused the search.. and i HAVE been allowed to go on my way..

a police officer can not detain you indefinitely because he has a "hunch"..

[lunker 274]

I believe your response to the officer should be:

 

"If you are asking for my consent to search my car, the answer is no. If you are ordering me, I will comply."

 

This clearly tells the officer that he does not have your permission to search the car, but in no way are you obstructing him from doing his job if he has decided he's going to search it without your consent.

[GoNRA 12]

I was told by a police officer who taught our criminal justice class to say "my lawyer told me never to consent to a search".