User Panel
Posted: 1/8/2005 1:00:27 PM EDT
I dont see the harm if you have nothing to hide, but it does open up more chances for problems.
I figure if he is allowed to search (probable cause) he will and doesn't need my permission so why should i give it? And chances are he isn't going to go through the trouble of getting a warrant... |
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I see this thread getting nasty.
I have never been asked, and Im not going to let them. |
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in order to search they have to have a warrent, or see something in plain view through the window. if they ask, and you decline, they have nothing unless they can see something that is illegal in plain view. if they ask they obviously dont have a warrent ;)
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When I was young and dumb I consented to a search. By cooperating with the rookie cop I got myself out of a "tail lights out" ticket (fuse went out as I was driving), he followed me home to make sure nobody ran into the back of me. Now that I own guns I would never consent to a search. |
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If he has p.c. he wouldn't ask. If he doesn't have p.c. and asks I would and have told them no. |
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I've never been asked.
If asked, and even if the car was clean, I'd ask why. Depending on his answer, I might or might not. Seeing as I most likely will never have anything in there I shouldn't, I'm not worried, but it would all depend on the stated reason and my mood. For instance, if I got pulled over, and no decent reason is given for the pullover, then NO WAY would I give consent. Yeah, I know. I'm weird..... |
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Yes
NO!!!! .........And I've asked many a person that question myself |
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Yep.
On several occasions. Never have allowed them to, and have been sent merrily on my way! Remember the Good Book: A soft answer turneth away wrath: but grievous words stir up anger. Proverbs 15:1 Eric The(Cheerful)Hun |
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Friend of mine let Bellevue, WA Police look at his legal AR-15 and MAC-11. They confiscated them and called the BATF. He let the BATF search his house too. The BATF finally said his weapons were legal. All NFA Title 1 weapons are legal under state law but Bellevue, WA Police refused to return them to him and appologize which would have been "the right thing" to do. Lawyer cost in several thousand dollars.
He had nothing to hide so he had nothing to fear correct? Police have never asked to search my stuff and I will never give permission. |
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Been stopped and asked twice...
Absolutely not. Despite the fact that I have nothing to hide, I refuse to waive the constitutional rights that so many before me died for to preserve... |
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I reckon that's the best reason yet. I'll remember it. |
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A friend of mine who is a cop, told me that if asked always say no.
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I have never been asked to allow a search of my vehicle. As far as I am concerned, I cannot see myself ever giving permission for a vehicle search.
This is a foolish assumption. DO NOT invite The Man into your life. You have Constiutionally-guaranteed rights; use them.
This is exactly correct. You may hear, "But if you have nothing to hide you should have no problem giving permission for a search," at which point you should respond, "If you have something to find, you should have no problem getting a search warrant or articulating probable cause." |
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Yes, they've asked.
No, I haven't let them. 99% of the time around here they're just fishing. |
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Ok, one more time for those of you who missed this last time:
RULE #1: SHUT THE HELL UP RULE #2: SHUT THE HELL UP RULE #3: THEY ARE NOT PULLING YOU OVER TO "HELP". Be nice, answer yes/no only. Dont answer anything you're not comfortable saying or simply just dont say a word. Keep asking if you're free to leave. Dont offer anything. |
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i've heard people claim the cop said "well then we are going to get the dog it will be here in a hour" At that point would you threaten to call a lawyer.
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No. They are not your friends, especially if your dog is in your car.
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Yes,
My reply was get a warrant |
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NEVER would I ever consent to a search of my car, my home or myself. I wouldn't even generally volunteer information. I have told my kids the same. Never consent, never give info. Call me first.
I'll call an attorney. Might be the best money I ever spend. The gov't is not your friend. The popo is not your friend. Learn it, live it. |
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Stopped once (for no reason at all) and asked. I said no. This young guy then threatened "to get a dog." I then asked if that was his supervisor. He tuned all red, and told me to "get the fuck out of his sight." After that I made a beeline to the station that was only a mile away. After talking to the desk Sgt., who was a real nice guy, that young man was called in to apologize. He did so in a very professional manner, while his Sgt. gave him a death stare. I hope it helped him, but I wasn't very optimistic. He really didn't seem too bright.
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they may only keep you there long enough in which time they have enough time to make an arrest. Something like 20 or 30 mins. |
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I've been asked , the answer is a resounding NO! I said yes once back in '75. I was on my way home from hi-school. when a castleberry fla. leo pulled me over for being 17,having long hair and driving a '61 bug. I consented to the search as i knew there wasn't anything illegal in the car. boy was i wrong. what was found was an old broken machete under some sleeping bags.used for firewood on the last weekend camping trip. handcuffed, car towed, me towed to jail for consealed weapon. a long and expensive education in the americian justice system followed shortly. since then I have never again consented to a search of any kind. bring your dogs and sniff around my car if you want to. get a piece of paper signed by the local lap dog judge, fine. but the answer is no and will always be no. damn, remembering that day in '75 has really gotten me piss off again. mmk edited to add that the above incident was enough to keep me out of the Air force.
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Never been asked to have my car searched, kinda surprised to tell you the truth. Maybe mt baby face looks to innocent??
So here is the scenario. There is nothing in plain site, no p.c., he asks, and I say NO. What happens than? typically? He says he is going to call a K-9 unit, tries to trip you up. What is the best way to decline a search and get the hell out of there?? I am 28, and ahve a queaky clean record - I am always courteous to 5-0, and it seems to pay off. I can humble myself for 10 minutes to keep the bracelets off. An aquintance i know that has a rap sheet gets stripped search more or less every time he gets pulled over - not a friend, so I could give a shit about him. Anybody have some real life scenarios instead of "just say no"???? |
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Yes,
No |
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You don't see the harm? Let me tell you about the harm. When I was 21, I was pulled over after leaving a bar. The officer was looking for a DUI arrest, but since I hadn't had anything to drink but Coke, that wasn't going to fly. I had been respectful and compliant all along. He asks me "you have any guns or drugs in the car?" I said no. He asks if I would mind if he took a look, I said "go ahead." He opens my trunk and finds my toolbox. At this point in my life I was an auto mechanic, and I was driving a '65 LeMans in which I had installed a built 428 cid motor. I also swapped out the tranny (powerglide) for a race-built THM400, originally out of a Cadillac. Well, he opens my toolbox and, included in the approximate $2000 worth of tools, he manages to find the ONE screwdriver I had filed down to use as a valve-cover gasket scraper. He also sees my steering-wheel puller. He then immediately places me under arrest for, get this, "possession of burglary tools." Never mind that I had not committed a crime of any sort, nor did he have any information pertaining to any sort of crime either committed or planned. I had to spend a chunk of money bailing myself out. Then came the court date. I show up for my court appearance, and sit there in court for about 2 hours, and the judge finally calls the case and tells me no charge was ever filed. I asked him about the $2000 worth of tools the police confiscated, and he says I have to take that up with them. Now I go to the police station. They won't return my property, even though the charges were dismissed, as they felt that "someday" they might decide to charge me, and I had to have a judge's order to release them anyway. So I go BACK to court and put myself back on the docket. The judge, when he calls the case, is quite peeved with me, and tells me in a very gruff way, that the tools were not seized pursuant to a search warrant, so he had absolutely NO authority to release them, and I HAD to get them back from the police myself. I then went BACK to the police station, and got the same story. So I called the prosecutor's office, about 15 times before I finally got somebody on the phone. By this time I was getting really pissed off. Long story short, after about 4 more weeks and a couple threats from a lawyer, I FINALLY got my property back. this all happened in 1988. In 1997, after college, I got a job with a major securities brokerage. After I took the Series 7 and 63 exams, the FBI background check shows an arrest for "possession of burglary tools." In the securities industry, any crime with the words "theft" "fraud" or "burglary" or similar is VERY bad. I had to fly out to California, from Indiana, to obtain copies of all records regarding the incident for the firm's compliance department, as they wouldn't even bother checking on them if I wasn't standing there in person. So I get back out to California and head back to the good old Ventura County Courthouse. They have no copies of the records, I have to go get them from the police station. The police station has no copies of the records, I have to get them from the courthouse. The courthouse has no copies of the records, as there was no trial, I have to get them from the SHERIFF'S DEPT several towns away. Silly fucking me. So day #2 comes around. I go to the Main office of the Ventura County Sheriff's Dept, and I had to wait around for about 3 hours while they helped the two people in line, and they had the nerve to CHARGE me for my copies. The first copies they gave me were not on any sort of letterhead, and had no imprints or stamps on them, so I knew they would be absolutely worthless. I wasn't about to fly out of there without something that would work for the firm's compliance Dept, and they were trying to tell me that that's all I would get. I said "let me get this straight. You assholes arrest me for no good reason, make me bail myself out, fight for my property for weeks before I get it back, and all along you never even filed a charge. Then, you report the arrest to my FBI record, make me fly 2000 miles to obtain the paperwork, and now you don't have it. Am I understanding this correctly?" The bitch's answer was "sorry." I said "Not as sorry as you all are going to be once my lawyer gets through with you." and I started to dial his number on my cell. She says "well, wait a second..." and what do you know? 5 minutes later I had the exact same paperwork, this time with an official imprinted stamp on it. All in all, those two little words, "go ahead" just about ruined my life for absolutely nothing. Don't EVER give them permission or consent for ANYTHING. You just may end up regretting it. |
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I had a cop ask to search my car for illegal drugs and illegal guns [he actually asked if he could search for those two things] and I said no. He gave me a ticket for 'failing to drive right.' I fought the ticket and the judge threw it out as 'there wasn't enough evidence to convict' [her ruling]. The entire time I was denying the cop the ability to search my car he was trying to convience me that he could if he wanted too and I said 'if you could you would.' My kids were with me that day and I kept saying [as calmly as possible] "You only have rights if you know them guys, you only have rights if you know them!"
Patty |
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I told one off once.
I said:"You fascist pig motherfu(ker, if you even look in that car, I'm gonna kick your ass so hard you're going to hafta take off your shirt to shit 'cause your asshole will be in between your shoulder blades!" He looked an me and said, "Yes, Sir!", got into his car and drove off. Of course, anyone that believes that is free to ask me about the time I helped out the Tooth Fairy! About '70, a cop DID ask to search the van I was in. This was one of those early dope related hassles caused by rumors and assumptions that were popular about that time. The LEOs timing was perfect. We were clean, as none of us were dopers. What we DID have in the van was an old safe we were supposed to take to the dump that came out of an old house and was supposed to be empty and unopened for about 50 years. We had cleaned out an attic, cellar and garage for an old widow. We decided to keep the safe and try crack it to see if there was anything interesting in it. Of course, the LEOs demanded we open it and our explanainations fell on deaf ears. So they got upset and decided to go the whole mile. They called in a locksmith, who drilled it right there in the parking lot. Of course, they were pissed when they found out that it WAS onopened for 50 years. There were a couple Indian head pennies and a stack of cancelled checks dated a decade before WW1. We sold the pennies for more tha we had charged the widow to do the job! When we told her about it she insisted that the money was ours. Pretty neat, huh? |
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I've never bothered to give them cause and have never been asked in the last 30 years of driving.
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Been asked many a time. Always replied with a polite but emphatic
FAWK no!! |
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Maybe a simple, "No, sir." would go over better? |
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So what is the proper response to "If you don't give permission I'll sent for a K9, they'll be here in an hour"?
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I'll send for my Attack Lawyer and he'll be here sooner. |
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Well technically they can't detain you with out cause but if they have reason to suspect something like drugs or bombs you'r best response is I want an attorney present or I want my mommy [if you're under age]. Patty |
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prime example why you never consent right there. |
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2 seperate times I've been asked at DUI roadblocks. Both times I politely refused. Only one time a young cop got nasty about it. I just stated he had no legit right and I have a legit right to refuse. He said he would search anyway. I told him to please get a supervisor before proceeding. Another cop at the roadblock walked over and asked what the problem was. The young guy said his peace and I just smiled.
The other cop told me to beat it. |
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The following is a pretty good guide as to what to do and say when a LEO requests to search your vehicle or residence.
www.flexyourrights.org/faq.html |
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Years ago, I was with a friend that got stopped/pulled-over and the LEO requested a search of the vehicle. I kind of liked my friends answer: He was quite courteous, and said, "I don't have anything to hide, but, the answer is No---you see, I'm the very best of friends with my next door neighbor----but, then again, I wouldn't let him come over and search my house, either". The LEO just smiled and went on his way. |
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I was asked once at an airport. Interestingly - they were VERY COY about how they asked:
"Please pop your trunk latch". I asked if they wanted to search the car and they declined to answer - except to ask what I had to hide. What ensued was a 20 minute stand-off - quiet, respectful but I wasn't giving in. The trunk and the car were so clean there literally wasn't lint in it. They demanded to know why I wasn't "cooperating" and didn't I know that "homeland security" was important to our nation's safety. They only thing they didn't invoke was the name of the Virgin Mary. They ran my license and registration (ultra clean) , got irritated (just part of the game) and escorted me off airport grounds. They never actually asked to search - just directed me to "pop the latch". If I had done so without thinking that it actually WAS a search - it would have been a consent. Very tricky. CWO |
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They got me with that one in Richmond. Fortunately the clerk was equally asleep and didn't notice the boxes in the trunk were full of ammo. Good job on being alert. |
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Good post, sound advice. |
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"I'm not giving you permission. The time is now 4:32 pm. Lets wait for the dog." |
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When I was a teenager. I was coming back from tobogganing with some friends. We had the beer locked in the trunk. My car was loud or something (I don't recall what the reason was for the stop - I didn't get a ticket). They asked to look in the trunk. I told them I didn't have the key. I was shortly on my way home without much further fuss.
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Just tell them you have no donuts in the vehicle ---------- they will let you go. |
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