Consent to search or not?

[chiefjason]

It would probably be in whomever's best intrest to go ahead and consent to the search.. It shows a little bit of maturity, honesty, and manhood if you will!!! But if you want to deny the search obviously the officer is going to think you are hiding something, and things could take the opposite of the right turn from which you wanted to begin with, so I say MAN UP/ WOMAN UP and make it easier on you and the officer!!!

Do that if you wish. But a friend of mine did that and after 45 minutes of digging through his car the officer left all of his belongings on the sidewalk and drove off mad because he did not find anything. My friend had to put all his stuff back in the car. No thanks. I don't have to be hiding something, I am protecting something. My right to be free from unnecessary searches from LE. IMO, everyone should "man up" and stand for their constitutional rights instead of worrying about hurting someones feelings. If the LEO is not mature enough to understand that, we will deal with that later.

Fourth amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
[edit]

No to search, every time.

[DefensiveCarry.com]

[Chesafreak]

It would probably be in whomever's best intrest to go ahead and consent to the search.. It shows a little bit of maturity, honesty, and manhood if you will!!! But if you want to deny the search obviously the officer is going to think you are hiding something, and things could take the opposite of the right turn from which you wanted to begin with, so I say MAN UP/ WOMAN UP and make it easier on you and the officer!!!

I think it takes more moral courage (MAN UP/ WOMAN UP) to stand up for yourself and your rights than to do the easy thing and give in. Any man or woman who would give in to fear of the officer rather than say no, CAN NOT be counted on to do the right thing if or when our government should ever decide to attempt take away our rights, and CAN be counted on to cave instead. This isn't any anti police or government sentiment, rather it is the right of free people. Keep giving an inch of your freedom here and there and eventually you will discover they have taken a mile.

[barstoolguru]

I gave consent to search one time and it took two hours while they destroyed my truck looking for something. Nothing was found and the dog clawed my seats up; never again will I be cooperative

[ping.brady]

Well, you are going to be standing there wasting time while they do the search..... when you know there's nothing illegal in your car.

I got into a habit, which I still have, if I exit my car.... the door is locked. I was pulled over once and out of pure habit locked the car door when I got out. At the time, no.... it was not standard procedure for people to 'stay' in their car, but for people to 'get out of their car' so they didn't have access to a weapon, etc. that could be in the car.

The officer wanted to immediately know "why" I had locked the door. I told him. Then , he wants my permission to search the vehicle..... I told him "NO".... he demanded the keys, which I advised him .... if he wanted in , he was going to have to break into the car, I refused to give him the keys.

He informed me that he "could get a warrant" ...... OK.... GREAT ... go get one, I'll be right here.

He kept going on and on and on and on about "why" .... I told him I refused to answer any further questions, and to either write me a ticket and let me go on about my business, or get the damn warrant.

I had nothing in my car that was of any interest to anyone, other than me. But, when he started with the "attitude" about "why" I had locked the car, and started the inquisition, I was determined to exercise every right I have.... we don't exercise them, we in essence have surrendered them.

After a bit and radioing in..... he told me that he was going to let me go (no ticket... I didn't do anything to deserve one either). So, I went to put my drivers license up, when he saw my badge...... and he stated " you have a badge" .... "yes".
When he asked "why didn't you tell me about that" ..... my answer : "because you didn't ask, I'm not obligated to tell you, and you shouldn't be treating me any different than you would anyone else " . And I left.

You handle it how you want.

You sir are my hero! Seriously, good for you!

[Superhouse 15]

"Officer, if you had probable cause to search, you wouln't need my consent"
"I don't consent to any search"
"Am I being detained?"

And, it helps if you don't attract that attention and if you don't do things you have to hide from the law.

[nightsonge]

I gave consent to search one time and it took two hours while they destroyed my truck looking for something. Nothing was found and the dog clawed my seats up; never again will I be cooperative

I'll see your two hours and raise it to 3 1/2. I was on vacation many years ago, mid 90's, and driving through Tennessee when I was stopped in a not so nice area for "weaving" I wasn't btw. Officer wanted to search my car. Well, there's nothing illegal in it. Ok, Two more cars showed up to assist. Three and a half hours later I'm left to try and repack food, clothing, and camping supplies for a week long campout back into the car in said neighborhood. Tent unpacked, clothing unpacked, all camping gear out of it's containers, etc. finally got everything back in the car and back on my way about 4 hours after they left, during that time, I had one officer stop and tell me I shouldn't be loitering in the area.
Never again.

[Hopyard]

Every day our newspaper prints reports of arrests of folks who gave permission to have their
car searched. Most I'm sure were in fact dummies who really did have weed or whatever
in their possession and either didn't know better than to consent, or were tricked or intimidated into
consenting.

A few probably never knew anything was in the car. The problem with consenting is that you don't know what
your kid, your wife/gf, your kid's friend, or the mechanic who last worked on your car might have left behind
accidentally.

I really wish our Supremes and our legislators would reinforce instead of tear down our 4 A rights.

[Doubledown]

The only time I have ever dealt with this question I was on my way to my sons baseball game. They were playing at a field in a town that I had not been to. Road construction seemed to make getting to the field impossible so I pulled over on a side street and parked legally to look at a map to try to find the secret passage. Less than 2 minutes from stopping the car a squad pulls up behind with the lights on. My first thought was cool he can tell me how to get to the darn field. He approaches and I ask him to help me find the field, he asks me to step out of the vehicle. UHH OK. Again I ask for directions to my sons ball game. He says identification please. WHAT??? I asked him why he needed my ID I was sitting in my car trying to find a ball field on a map. He says that is how we do things in this town. I asked his reasoning for removing me from my vehicle and running my ID. He said I seemed up to something and that was not going to happen in HIS town. I have no record of any kind, even my speeding tickets had dropped off by then, so for the sake of getting to my sons game I gave him my ID. 5 minutes later he comes back without my ID and says he will have to search my vehicle based on running my license. OK STOP NOW. I said I will not consent to a search of my vehicle or my person. He went on about not needing my consent based on the info in their system. I asked what that information was. He refused to answer. I asked for a supervisor to come out. He refused to call. I said I will not allow you to enter my vehicle or search my person without probable cause or a warrant and at this time I will no longer answer questions without a lawyer, may I have my ID and leave or am I being arrested? After he returned to his car once more for about 10 minutes he returned with my license and told me I was free to go. Since this incident I will not consider allowing a search.

[Agave]

On a vehicle stop, if an officer can get a warrant, he doesn't need a warrant to search without consent.

[Hopyard]

On a vehicle stop, if an officer can get a warrant, he doesn't need a warrant to search without consent.

I don't understand what you just wrote. Are you saying that he can search if he thinks he has the ability to get a warrant,
or are you simply saying he can get one on the phone? Or are you saying that if he thinks he can get one on the phone,
he doesn't need to bother?

[mlr1m]

For those who would consent to a search of their vehicle reasoning that they have nothing to hide. Would you also consent to a search of your house for the same reason?

Michael

[tacman605]

Well all I can say is if you are dumb enough to sit on the side of the rode for 2,3,4 hours while someone goes through your stuff that is on you but I do find it hard to believe. Obviously you gave consent for whatever reason and afterward, sitting there for several hours, you did not complain nor follow up in anyway as someone at some level would have stepped in and said they can't do that but again you gave consent.

Their is a big difference between asking for consent to search a vehicle and asking someone to "drop their drawers" but I guess some are not smart enough to know the difference.

There are people on a daily basis who are stopped on a traffic stop and asked for consent. They are read a document stating that they "DO NOT HAVE TO CONSENT TO THE SEARCH" but yet sign anyway knowing they have 25 pounds of weed in the trunk but I guess they were tricked into it somehow or figure the officer will not notice the big bundles.

People do stupid things guys it happens everyday. If you don't want to consent, don't. If you loan your vehicle out to someone you don't know and trust, take it to a garage where the mechanic may leave something in there or you are worried that your girlfriend left drugs in the car you have bigger problems in life than this and really need to adjust your tinfoil hat.

The simple fact remains that the officer is within his legal right to ask for consent, period. You are within your legal right to refuse, period. It is a personal choice nothing more nothing less but everyone has a story "One time at band camp my friends, third cousin's, sisters, daughter.......................

[Badey]

Well all I can say is if you are dumb enough to sit on the side of the rode for 2,3,4 hours while someone goes through your stuff that is on you but I do find it hard to believe. Obviously you gave consent for whatever reason and afterward, sitting there for several hours, you did not complain nor follow up in anyway as someone at some level would have stepped in and said they can't do that but again you gave consent.

Their is a big difference between asking for consent to search a vehicle and asking someone to "drop their drawers" but I guess some are not smart enough to know the difference.

There are people on a daily basis who are stopped on a traffic stop and asked for consent. They are read a document stating that they "DO NOT HAVE TO CONSENT TO THE SEARCH" but yet sign anyway knowing they have 25 pounds of weed in the trunk but I guess they were tricked into it somehow or figure the officer will not notice the big bundles.

People do stupid things guys it happens everyday. If you don't want to consent, don't. If you loan your vehicle out to someone you don't know and trust, take it to a garage where the mechanic may leave something in there or you are worried that your girlfriend left drugs in the car you have bigger problems in life than this and really need to adjust your tinfoil hat.

The simple fact remains that the officer is within his legal right to ask for consent, period. You are within your legal right to refuse, period. It is a personal choice nothing more nothing less but everyone has a story "One time at band camp my friends, third cousin's, sisters, daughter.......................

Here is a non-tinfoil hat story that could have ended very badly for the wife.

My non-carry wife's LEO Encounter with my CC

[Bkrazy]

Thank you for the responses. That is pretty much what I figured, but had never asked. Be safe out there.......

[rammerjammer]

I agree with all those posting about not allowing a search of their vehicle, but I'd like to add this.

If LEO is going to waste my time by wanting to search, I'd rather waste their time and have them jump through the hoops of getting a search warrant. I've got nothing to hide but damn you if you think that I'm going to give up my rights so easily.