User Panel
User Panel
User Panel
|
Posted: 2/13/2016 8:20:59 PM EDT
[#1]
Quote HistoryQuoted:
Nope Serious question for the OP what does your question have to do with the 12 yr old and his chalk thread? I'm not seeing even the slightest connection. It's not a direct correlation, just looking to see if there is a trend. Some cops/retired cops are saying it's stupid to lawyer up for the guys kid. I see getting a lawyer as a basic right and common sense thing to do regardless of circumstances. I see not consenting to a search as the same basic right and common sense thing to do. I was wondering if some of the guys who said "you don't need a lawyer" were also in the "sure, nothing to hide, search away" camp. If it were my kid, I'd have a lawyer handle it. If it were my car, I'd decline the search. I was just wondering guys were oriented one way or the other or if there was a mix. |
|
|
|
Posted: 2/13/2016 8:21:01 PM EDT
[#2]
Quote HistoryQuoted:
But the incidental search/inventorying of the vehicle after the arrest means you don't have to get PC to search. Is not a search. |
|
|
|
Posted: 2/13/2016 8:21:24 PM EDT
[#3]
Quote HistoryQuoted:
Tell them, got PC? Then fuck off. While I didn't put it as eloquently as you, I have been asked a couple of times to have my vehicle searched. I politely said no. I was asked why and I simply stated "I do not wish to consent to a search". And I kept my mouth shut. The police officer wasn't a jerk about it, one was sort of upset but kept his cool. In each case, they said ok gave me my ticket and let me go. I learned my fucking lesson when I was a kid about that shit. A friend of mine left some rolling papers and scraps of marijuana in my truck. Must have fallen out of his pocket and was on the floor board under the passenger seat. I had no clue it was there. I was a young dumb teenager and thought cops were the good guys. Luckily, I had just enlisted in the Army and the prosecutor threw out the charge. He told me the Army would punish me more than he could. That, and the cop that arrested me was a known asshole that exaggerated on his arrest reports and was less than honest in certain cases. The reason I am saying this is, do other people riding in your car?? Do you know for a fact 100% that they neither accidentally nor intentionally left something behind? You will get your ass in a fucking sling and stuffed into the back seat of a cop car before you know what happened and then it's a world of hurt and a lot of lost $$$. No sane person should let a cop search anything. Besides that, do you even know everything in your car is 100% legal in all of the different jurisdictions you may travel through? Does the cop know everything that is legal to and illegal to possess? When a cop asks to search your car, it isn't to let you go on your way. He is looking for anything he can to justify sending you to jail for any amount of time, justify his traffic stop, or to make himself look good to his superiors. I don't make it easy for a cop to build a case against me. I shut the fuck up and make them work for it. I am not hating on cops at all, I know they have a difficult and stressful job to do. I just believe they need to focus on the real criminals, rather than picking the average citizen just going about is daily routine. |
|
|
|
Posted: 2/13/2016 8:22:59 PM EDT
[#4]
Quote HistoryQuoted:
Is not a search. Quote HistoryQuoted:
Quoted:
But the incidental search/inventorying of the vehicle after the arrest means you don't have to get PC to search. Is not a search. So nothing found during the inventorying can be used against the occupant then, right? |
|
|
|
Posted: 2/13/2016 8:23:29 PM EDT
[#5]
Quote HistoryQuoted:
Abso-fucking-lutely not. (Ex-cop.) |
|
|
|
Posted: 2/13/2016 8:24:25 PM EDT
[#6]
Quote HistoryQuoted:
So the pick up order requires PC? Quote HistoryQuoted:
Quoted:
You need a pickup order signed by a judge. Not that hard. So the pick up order requires PC? The pick up order requires a judge's signature based on an affidavit. This thread is not that thread. 
|
|
|
|
Posted: 2/13/2016 8:25:29 PM EDT
[#7]
Quote HistoryQuoted:
So nothing found during the inventorying can be used against the occupant then, right? Quote HistoryQuoted:
Quoted:
Quoted:
But the incidental search/inventorying of the vehicle after the arrest means you don't have to get PC to search. Is not a search. So nothing found during the inventorying can be used against the occupant then, right? Why are you asking questions about things you already know? |
|
|
|
Posted: 2/13/2016 8:33:10 PM EDT
[#8]
Quote HistoryQuoted:
Why are you asking questions about things you already know? Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
But the incidental search/inventorying of the vehicle after the arrest means you don't have to get PC to search. Is not a search. So nothing found during the inventorying can be used against the occupant then, right? Why are you asking questions about things you already know? So...its a search by any other name. Its semantics to pretend otherwise. I am currently googleing, as I am sure the SC has handled this before, I want to see their reasoning. kinda hoped you link me to the case and save me some googleing though. 
Seems the courts agree that it is a search too, an administrative search, but a search none the less. http://www.policemag.com/channel/patrol/articles/2011/04/impound-inventory.aspx |
|
|
|
Posted: 2/13/2016 8:35:01 PM EDT
[#9]
cop opinion thread turns into citizen butthurt thread
Not unexpected. |
|
|
|
Posted: 2/13/2016 8:36:55 PM EDT
[#10]
Quote HistoryQuoted:
Is not a search. Quote HistoryQuoted:
Quoted:
But the incidental search/inventorying of the vehicle after the arrest means you don't have to get PC to search. Is not a search. It isn't supposed to be but we all know how it gets used. Much like the use of drug dogs we are our own worst enemies, when it comes to things like this. |
|
|
|
Posted: 2/13/2016 8:41:39 PM EDT
[#11]
Buddy got pulled over by dps when we worked for a s.o. while in uniform and dps searched his truck. I always lol when thinking about that.
|
|
|
|
Posted: 2/13/2016 8:42:41 PM EDT
[#12]
Quote HistoryQuoted:
Being drunk or high on dope does not mean an officer can search the vehicle. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
As I learned it doesn't matter if you say no, because he "smelled weed" Even if I smell or see weed. I always ask for consent to search first. Don't forget the all inclusive "appeared to be impaired" That's a good one they like using when you don't consent.. One way or the other if they want us out of the car, they'll make it happen then search the fucking thing anyway. 2 classes of citizens here, maybe you don't act that way, but many flatfoots do. Being drunk or high on dope does not mean an officer can search the vehicle. Yeah? Someone should have told that to the two fuckheads who used that as an excuse to pull me out of the car and search my shit years ago. W You can't fight people like that, they'll just fuck up your life even worse taking you to jail. |
|
|
|
Posted: 2/13/2016 9:01:41 PM EDT
[#13]
Quote HistoryQuoted:
As I learned it doesn't matter if you say no, because he "smelled weed" Oh...that? Hahahaha! (cough, cough) Haha, Haha. 
|
|
|
|
Posted: 2/13/2016 9:10:38 PM EDT
[#14]
Nope.
|
|
|
|
Posted: 2/13/2016 9:21:56 PM EDT
[#15]
Depends
|
|
|
|
Posted: 2/13/2016 9:31:57 PM EDT
[#16]
Quote HistoryQuoted:
I won't consent to a roadside search, neither should anyone else; however I'll continue to ask because criminals are stupid. Quote HistoryQuoted:
I won't consent to a roadside search, neither should anyone else; however I'll continue to ask because criminals are stupid. This. The act of denying me consent to search has never by itself caused me to consider anyone suspicious. They're merely exercising the same right I would. But everyone I've ever asked already did other things to appear suspicious. I've never asked anyone that did nothing suspicious and came across as Suzy Soccer-mom or Larry Law-abiding-citizen. On a side note, I've often been dumbfounded by the number of people that would deny me entry and the right to search but are all to willing to allow a social worker to do the same. We have to escort them every time they conduct a home visit and I've never seen anyone say no. Many of them have denied me consent before and after these visits when I'm not accompanied by social workers. I've only seen them required to get a warrant one time in 9 years. A social worker can fuck your world up just as bad as a cop. Quoted:
But the incidental search/inventorying of the vehicle after the arrest means you don't have to get PC to search. The inventory is limited to a cursory sweep of the vehicle to log it's contents. While I can open compartments, the trunk and under the seats, I can't "search" for things. If it can't be seen in as close to plain view as possible which means no digging in the seats, taking anything apart, looking in areas that a reasonable person wouldn't place things (i.e. prying open the door panel to look inside). If I were to do so, it would most likely get tossed at discovery. Additionally, by policy I can't impound a vehicle that could otherwise be legally parked or otherwise removed from the roadway by someone other than those I have in custody. |
|
|
|
Posted: 2/13/2016 9:53:25 PM EDT
[#17]
Quote HistoryQuoted:
Nope . ARFcop? 
|
|
|
|
Posted: 2/13/2016 9:55:03 PM EDT
[#18]
Quote HistoryQuoted:
You tinned him and he continued on? There are some real winners out there. Generally, if you're a cop, fire turkey, doc, nurse....the next words I speak are, "Drive safe". Quote HistoryQuoted:
Quoted:
Quoted:
If a cop wanted to search my car after I identified myself, I'd probably look at him like he was mentally ill and say "No". I had a local cop disarm me once after I identified myself during a traffic stop of my personal vehicle. I was in my jurisdiction (state), he was out of his jurisdiction (town). I was scruffy because I was working dope so I identified myself. I complied because no good would have come out of a side-of-the-road fight. I filled a complaint. Nothing happened. The chucklehead let me draw my own pistol and place it on top of the car. It was bizarre. You tinned him and he continued on? There are some real winners out there. Generally, if you're a cop, fire turkey, doc, nurse....the next words I speak are, "Drive safe". Interesting. Is it because you know those people are incapable of having illegal contents in their car or that you are just unwilling to hold them accountable if they do? |
|
|
|
Posted: 2/13/2016 9:55:04 PM EDT
[#19]
Quote HistoryQuoted:
I just believe they need to focus on the real criminals, rather than picking the average citizen just going about is daily routine. And how do you suggest LEOs tell them apart? The most efficient way of doing that is to see if they have anything illegal in their possession. If society wants cops so thick they are there to see all crime taking place, it's going to cost a lot more taxes. |
|
|
|
Posted: 2/13/2016 9:57:00 PM EDT
[#20]
Quote HistoryQuoted:
that happened to me once.... cept im not LEO Quote HistoryQuoted:
Quoted:
Quoted:
If a cop wanted to search my car after I identified myself, I'd probably look at him like he was mentally ill and say "No". I had a local cop disarm me once after I identified myself during a traffic stop of my personal vehicle. I was in my jurisdiction (state), he was out of his jurisdiction (town). I was scruffy because I was working dope so I identified myself. I complied because no good would have come out of a side-of-the-road fight. I filled a complaint. Nothing happened. The chucklehead let me draw my own pistol and place it on top of the car. It was bizarre. Fuck that. I'll put my hands on my head and they can remove it if they want. |
|
|
|
Posted: 2/13/2016 10:01:59 PM EDT
[#21]
Nope. JR_jr. just got his license last month and we discussed this topic and how he is to politely refuse the request. I also discussed the hazards of travelling around with dirtballs as passengers and how their stash becomes your stash if you're the driver. |
|
|
|
Posted: 2/13/2016 10:03:38 PM EDT
[#22]
LOL no. I haven't asked for consent since 2007. PC is so much easier to deal with in court.
|
|
|
|
Posted: 2/13/2016 10:04:07 PM EDT
[#23]
Quote HistoryQuoted:
Interesting. Is it because you know those people are incapable of having illegal contents in their car or that you are just unwilling to hold them accountable if they do? Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
If a cop wanted to search my car after I identified myself, I'd probably look at him like he was mentally ill and say "No". I had a local cop disarm me once after I identified myself during a traffic stop of my personal vehicle. I was in my jurisdiction (state), he was out of his jurisdiction (town). I was scruffy because I was working dope so I identified myself. I complied because no good would have come out of a side-of-the-road fight. I filled a complaint. Nothing happened. The chucklehead let me draw my own pistol and place it on top of the car. It was bizarre. You tinned him and he continued on? There are some real winners out there. Generally, if you're a cop, fire turkey, doc, nurse....the next words I speak are, "Drive safe". Interesting. Is it because you know those people are incapable of having illegal contents in their car or that you are just unwilling to hold them accountable if they do? Cop mentioned he was disarmed during traffic stop. No search was mentioned. You perceive the difference between discretion during a traffic stop for a motor vehicle infraction and making an arrest for possession, right? |
|
|
|
Posted: 2/13/2016 10:19:14 PM EDT
[#24]
Based just on a traffic violation stop?? No.
Is there more to it? Maybe. Do I randomly fish for consent searches from others for traffic violations? No. I try to base most of , if not all, of my searches based on PC. If there is another situation (like someone saying someone pulled a gun on them and driver states there are no guns in the car or something), I may ask for a consent search. But there is a reason I am getting there. |
|
|
|
Posted: 2/13/2016 10:20:50 PM EDT
[#25]
Quote HistoryQuoted:
Yeah? Someone should have told that to the two fuckheads who used that as an excuse to pull me out of the car and search my shit years ago. W You can't fight people like that, they'll just fuck up your life even worse taking you to jail. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
As I learned it doesn't matter if you say no, because he "smelled weed" Even if I smell or see weed. I always ask for consent to search first. Don't forget the all inclusive "appeared to be impaired" That's a good one they like using when you don't consent.. One way or the other if they want us out of the car, they'll make it happen then search the fucking thing anyway. 2 classes of citizens here, maybe you don't act that way, but many flatfoots do. Being drunk or high on dope does not mean an officer can search the vehicle. Yeah? Someone should have told that to the two fuckheads who used that as an excuse to pull me out of the car and search my shit years ago. W You can't fight people like that, they'll just fuck up your life even worse taking you to jail. If you're high enough that I know that you're high then I have PC to search. It's 100% you stink of weed like a smoker reeks of cigarettes. I'm tossing your car and everyone/everything in it. I don't need or want your consent. If I am investigating you for DWI then I can do a limited search for evidence of that crime like an open container. In the good old days I could search everything incident to arrest. Arizona v. Gant changed that. I have seen too many cases lost based on consent, even written. Juries always believe the defendant when they claim they were intimidated into giving consent. Even when there is video. Probable cause, with or without a warrant, is much easier to justify. Why muddy the water with consent if you don't need it? |
|
|
|
Posted: 2/13/2016 10:27:05 PM EDT
[#26]
No and we've got no more to say to each other until your supervisor arrives.
|
|
|
|
Posted: 2/13/2016 10:49:43 PM EDT
[#27]
When I was around 4 years old I remember driving with my family to my Great grandparents cottage in Minnesota and my father got pulled over. The next thing I knew he had a gun pointed at his head and is being ordered out of the vehicle. It was something a kid remembers but years later I asked him if that really happened or if I was just imagining it from something I saw on TV.
He confirmed it happened and told me the story, he got pulled over for a tail light (that was working) and, being a cop himself provided his DL and his badge and informed the other cop he had his pistol in the car, pop said the dude freaked out and had him do the perp walk on the side of the highway. I remember my mom screaming then stopping to tell me and my sister everything was ok then screaming again. More cops showed up, nothing else happened, no tickets and we left. My dad joked that the only reason he got hassled was because he did not have a mustache, he said the only people who had mustaches in the 80s was cops and queers. |
|
|
|
Posted: 2/14/2016 4:02:49 AM EDT
[#28]
Quote HistoryQuoted:
I respectably disagree. Quote HistoryQuoted:
Quoted:
They're are not even close to the same thing. I respectably disagree. Ok |
|
|
|
Posted: 2/14/2016 4:13:04 AM EDT
[#29]
Quote HistoryQuoted:
Depends. Do I have my wetsuit in the car? Lol...I'm proud to have made it into the ARFCOM canon 
|
|
|
|
Posted: 2/14/2016 4:19:30 AM EDT
[#30]
Quote HistoryQuoted:
that happened to me once.... cept im not LEO Quote HistoryQuoted:
Quoted:
Quoted:
If a cop wanted to search my car after I identified myself, I'd probably look at him like he was mentally ill and say "No". I had a local cop disarm me once after I identified myself during a traffic stop of my personal vehicle. I was in my jurisdiction (state), he was out of his jurisdiction (town). I was scruffy because I was working dope so I identified myself. I complied because no good would have come out of a side-of-the-road fight. I filled a complaint. Nothing happened. The chucklehead let me draw my own pistol and place it on top of the car. It was bizarre. Ifs always been "You keep it in your holster and Ill keep it in mine" when a cop stopped me and noticed my gun. Seems safer for both parties involved. |
|
|
|
Posted: 2/14/2016 4:41:13 AM EDT
[#31]
No.....
|
|
|
|
Posted: 2/14/2016 4:41:18 AM EDT
[#32]
Quote HistoryQuoted:
My dad joked that the only reason he got hassled was because he did not have a mustache, he said the only people who had mustaches in the 80s was cops and queers. LOL! |
|
|
|
Posted: 2/14/2016 4:50:01 AM EDT
[#33]
Quote HistoryQuoted:
I won't consent to a roadside search, neither should anyone else; however I'll continue to ask because criminals are stupid.  This.
|
|
|
|
Posted: 2/14/2016 5:02:49 AM EDT
[#34]
There isnt anything in my car I'm worried about.
|
|
|
|
Posted: 2/14/2016 6:03:31 AM EDT
[#35]
You can search anywhere in my vehicle, with exception of my trunk. That's where I keep my trunk midget.
Yeah yeah, they're not as hsld as a trunk monkey, but when he pops out you'll be just as shocked. "No" - The correct answer is alwaya "no." Criminals are stupid and will more often than not, give consent. Doom be unto them. LE plays on that. |
|
|
|
Posted: 2/14/2016 6:21:19 AM EDT
[#36]
I will never consent to a search.
I've had officers twice tell me that my eyes were lying to them. After I suggested that we go to the local hospital to screen my blood for all intoxicants including alcohol they were no longer interested in their investigation 
I'm sure all ArfCops are completely upstanding 
|
|
|
|
Posted: 2/14/2016 9:13:24 AM EDT
[#37]
They say ignorance is bliss, if that's so, some of you must be deliriously happy. Just say NO. Im not a cop btw. IF they want to search you, they ARE going to search you but no use in making it easy. Did you know that IF they choose to do so, they can claim things like drinking straws, a stray zip lock bag, a mirror, an ink pen, a can of ether, (in a pick up truck full of heavy equipment operators gear), etc..... as drug related paraphenalia? They can do all of this without ever finding ANYTHING that's actually a drug or illegal to possess. Lets talk about bringing in the drug dog now, WHAT A FUCKING JOKE! I guarandamntee you I can get a "hit" on your vehicle with my dog if that's what I choose to do! I can teach that dog to key off just a look from me to go apeshit on command.
|
|
|
|
Posted: 2/14/2016 9:29:38 AM EDT
[#38]
Quote HistoryQuoted:
Even if I smell or see weed. I always ask for consent to search first. Quote HistoryQuoted:
Quoted:
As I learned it doesn't matter if you say no, because he "smelled weed" Even if I smell or see weed. I always ask for consent to search first. Just in case that smell or sight didn't amount to probable cause right? Then you have your back up...he consented!
|
|
|
|
Posted: 2/14/2016 9:51:08 AM EDT
[#39]
#1 there is a level of founded suspicion necessary to even ASK to conduct a search. It's not supposed to be an automatic request.
|
|
|
|
Posted: 2/14/2016 9:55:47 AM EDT
[#40]
Quote HistoryQuoted:
Nope Serious question for the OP what does your question have to do with the 12 yr old and his chalk thread? I'm not seeing even the slightest connection. Not directly connected but the principle comes through. There were a few cops in the other thread recommending forfeiting the right to the fifth and representation. Yet, when it comes to their own fourth amendment rights, they would exercise them. |
|
|
|
Posted: 2/14/2016 10:00:05 AM EDT
[#41]
Quote HistoryQuoted:
Abso-fucking-lutely not. (Ex-cop.) This and same here... |
|
|
|
Posted: 2/14/2016 10:14:06 AM EDT
[#42]
Quote HistoryQuoted: I won't consent to a roadside search, neither should anyone else; however I'll continue to ask because criminals are stupid. |
|
|
|
Posted: 2/14/2016 10:16:57 AM EDT
[#43]
Quote HistoryQuoted:
This. No traffic stop ever gets past me identifying myself as a heavily armed LEO. Haters can suck it. Quote HistoryQuoted:
Quoted:
If a cop wanted to search my car after I identified myself, I'd probably look at him like he was mentally ill and say "No". This. No traffic stop ever gets past me identifying myself as a heavily armed LEO. Haters can suck it. Great attitude there hombre' |
|
|
|
Posted: 2/14/2016 10:20:31 AM EDT
[#44]
I let cops search my car a couple times back when I was in community college. As a little white kid driving out of a really bad area and known drug trafficking spot in a riced out Honda, I understood why I was getting pulled over at least once a week (not an exaggeration). Never got any tickets and my interactions with them were positive besides being profiled.
Today, if I were to be pulled over and asked for permission to search my car, I would most definitely decline. I'm not driving out of a bad area, not suspicious or fitting a certain profile; asking to search my car would simply be fishing blindly and I think that's bullshit. |
|
|
|
Posted: 2/14/2016 10:23:28 AM EDT
[#45]
Quote HistoryQuoted:
Me neither. But many of the opinions given in that thread are down right stupid. Quote HistoryQuoted:
Quoted:
Nope Serious question for the OP what does your question have to do with the 12 yr old and his chalk thread? I'm not seeing even the slightest connection. Me neither. But many of the opinions given in that thread are down right stupid. Groundhog day happens a lot in police threads.
Here is a clue to the clueless. If I'm asking for consent. I already have more than enough and don't need it. I just want you on tape for the upcoming jury..
I've busted idiots that DEMAMDED I search their car. Okie dokie, if you insist. 
|
|
|
|
Posted: 2/14/2016 10:26:46 AM EDT
[#46]
Quote HistoryQuoted:
If I'm not in a hurry....sure. The same logic is used by my liberal neighbor when discussing government snooping... "I don't care, I have nothing to hide" *(actually, he does )
I have to disagree. I care and no I won't consent |
|
|
|
Posted: 2/14/2016 10:43:59 AM EDT
[#47]
Quote HistoryQuoted:
Lol, moar equal Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
If a cop wanted to search my car after I identified myself, I'd probably look at him like he was mentally ill and say "No". I had a local cop disarm me once after I identified myself during a traffic stop of my personal vehicle. I was in my jurisdiction (state), he was out of his jurisdiction (town). I was scruffy because I was working dope so I identified myself. I complied because no good would have come out of a side-of-the-road fight. I filled a complaint. Nothing happened. The chucklehead let me draw my own pistol and place it on top of the car. It was bizarre. You tinned him and he continued on? There are some real winners out there. Generally, if you're a cop, fire turkey, doc, nurse....the next words I speak are, "Drive safe". Lol, moar equal Exactly what I was thinking. |
|
|
|
Posted: 2/14/2016 10:54:05 AM EDT
[#48]
Quote HistoryQuoted:
LOL no. I haven't asked for consent since 2007. PC is so much easier to deal with in court. So you do what you want, regardless of the laws, and then deal with the outcome later? |
|
|
|
Posted: 2/14/2016 10:57:01 AM EDT
[#49]
Would you mind putting that cigarette out?
No. I'm in my own car. Ok. I'm ordering you to put that cigarette out. No. Give me my tail light infraction ticket. Ok. Out of that car, now!!!! |
|
|
|
Posted: 2/14/2016 10:59:38 AM EDT
[#50]
Kind of related question....
Have a friend who joined the Highway Patrol. When he shows up in normal clothes he comes right in when I open the door. When he has shown up in uniform a few times he has waited for me to say come on in. Is this something he has to do or did I just more likely imagine him doing something different? Doesn't really matter either way, he'll always be welcome in my home but I'm curious. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
