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Posted: 7/19/2008 10:10:36 PM EDT
[#1]
What upside is there for me to consent to a search?
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Posted: 7/19/2008 10:11:39 PM EDT
[#2]
If you need my consent, that tells me you have no reason/cause to be searching.
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Posted: 7/19/2008 10:12:03 PM EDT
[#3]
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Posted: 7/19/2008 10:12:59 PM EDT
[#4]
Most people feel like they are "supposed to," or they couldn't bear to give the impression that they might be "hiding something." |
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Posted: 7/19/2008 10:14:01 PM EDT
[#5]
They better have DAMN good probable cause AND a warrant. If not I'll tell them ..... 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. ( The Fourth Amendment of the Bill of Rights of the United States Constitution ) |
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Posted: 7/19/2008 10:15:27 PM EDT
[#6]
I am hiding something , a copy of the constitution..... We all know those are illegal these days.......... |
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Posted: 7/19/2008 10:18:56 PM EDT
[#7]
ME: Why sir do you wish to search my vehicle?
JBT: Do you have something to hide? (or whater else they may say) ME: Do you have probable cause supported by Oath or Affirmation? JBT: Carry on and have a nice day. |
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Posted: 7/19/2008 10:20:08 PM EDT
[#8]
Well Officer GoodBody, there MAY be an Upside in this after all! Oh, and please, DON'T be gentile!!  Who's your daddy?!?!
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Posted: 7/19/2008 10:23:01 PM EDT
[#9]
exactly...if the officer asks permission he is fishing. Know your rights. Excercise your rights. Otherwise those in power try to view them as privileges to be allowed or disallowed at a whim. |
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Posted: 7/19/2008 10:23:54 PM EDT
[#10]
The answer is no, I've been stopped multiple times and have only been asked once. Thankfully the cops here are generally lazy. The one time I have been harassed was by a city marshall.
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Posted: 7/19/2008 10:25:11 PM EDT
[#11]
i have nothing to hide, so search away. i don't care if you waste your own time....
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Posted: 7/19/2008 10:25:32 PM EDT
[#12]
Odd nobody from the bootlicker brigade has chimed in yet.
ETA: May have spoke to soon. |
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Posted: 7/19/2008 10:26:55 PM EDT
[#13]
As well as yours. Do you place no value on your own time? Does it not raise a question in your mind as to why he would ask? |
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Posted: 7/19/2008 10:27:18 PM EDT
[#14]
Wrong answer. You just gave up your 4th Amendment right. Why not just give up your right to free speach and a fair trial by jury while you're at it? ETA: Good luck explaining the dime bag of weed he just 'found' in your car. |
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Posted: 7/19/2008 10:27:53 PM EDT
[#15]
i have consented to a couple searches before.
i have refused twice as many. it depends on john laws attitude and whether he laughs at my jokes. i held a pair of deputys at gunpoint one night. that was nerve wracking. SD: put the gun down! Me: uh no, fuck that mess.....can i halp you boyz with sumthin, zare a reason you tresspassin out here in gods kountry? SD: did you call the law bout someone throwin rocks at yer house? Me: hellno. step out here and talk to me, put that thang in park. SD: is that night vision? can I see that? Me: sure, ya have to hold a couple inches low if ya wanna hit that can there. SD: we got a call about someone throwin rocks at a whitehouse on this road, yours is the only one. Me: well that cemetary there you're using as a landmark shares the name with the official cemetary up the holler of same name two mountains over, so yer wrong about where you're supposed to be. SD: what are you doin out dressed like a ninja with allthis kinda gear on then? Me: well about 20 minutes ago sum1 pulled in at the junkyard down here and shined a spotlight then took off, I was going to see if'n they dropped off a thief. SD: o damn, lol, that was us! Me: ya'll need gps. SD: well thanks for the info, we go and check out the holler then. Me: ya'll stay safe, if ye confiscate any whiskey bring it back here. SD: lol no, we're keepin it for ourselves. |
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Posted: 7/19/2008 10:28:49 PM EDT
[#16]
+1 |
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Posted: 7/19/2008 10:29:39 PM EDT
[#17]
LEO's don't need consent to search the area of a vehicle you have immediate access to. They might ask, to judge your reaction or be polite, but the fact is you have already given them enough probably cause to stop you in the first place... speeding, erratic driving, tail light out, etc. By the time they pull you over, it's easy for them to generate probable cause in order to search the part of a vehicle that you don't have immediate access to... "car smelled like pot" or "they were acting suspiciously".
There is no such thing as consent to search a vehicle. It is not a right to drive, but a privilage. They'll bring out a K-9 and otherwise temporarily detain you until you realize that it's easiest to provide them what you believe to be consent right from the start. Although... it's probably easiest to either obey the law, or appear as if you obey the law, in order to avoid situations like this. -1 for the spelling in the thread title. |
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Posted: 7/19/2008 10:30:45 PM EDT
[#18]
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Posted: 7/19/2008 10:30:56 PM EDT
[#19]
reasonable suspicion and probable cause are not the same.
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Posted: 7/19/2008 10:33:27 PM EDT
[#20]
i am too laid back to care. i usually have no where to be. no biggie to me. |
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Posted: 7/19/2008 10:33:37 PM EDT
[#21]
Wow. |
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Posted: 7/19/2008 10:34:41 PM EDT
[#22]
Wrong, a lot. Round here, no probable cause affirmed by oath or affirmation means no search. If a cop 'smells' somthing or there's otherwise 'suspicious' behavior, he better damn well find or 'plant' something in your vehicle, b/c no cop I know is going to put their ass on the line for a false warrant. ETA: One thing I agree with you on is that if they want to FIND something, THEY WILL. Give a cop enough attitude and they may very easily find something in your car you never saw before. It's true and I know this for a fact. |
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Posted: 7/19/2008 10:37:02 PM EDT
[#23]
Giving consent cannot help you. At all.
I am not a lawyer and even if I were, there is no way I can know what all the laws on the books are. Therefore, no. My policy is to never consent to a search. |
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Posted: 7/19/2008 10:37:50 PM EDT
[#24]
John McCain will not appoint supreme court justices who will overrule current case law which pretty much makes the 4th irrelevent. Yet another reason to abandon the GOP and go Libertarian. The lesser evil bandwagon soldiers on............................................ |
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Posted: 7/19/2008 10:38:31 PM EDT
[#25]
+ elventy billion |
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Posted: 7/19/2008 10:39:57 PM EDT
[#26]
The testimony of a sworn officer of the law weighs heavier than the testimony of a normal person. It could be as easy as "Miss, have you been drinking tonight/today? Do you mind stepping out of the car?" LEO's can create cause to search a vehicle in an instant. |
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Posted: 7/19/2008 10:41:23 PM EDT
[#27]
"no, sir. are you going to write me a citation or are finished detaining me?"
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Posted: 7/19/2008 10:43:11 PM EDT
[#28]
^^^ he has a point,sort of.
cops word does have more weight in court than your word, so technically, than can pull you over for no reason, cuff you for their safety, fuck you in the ass and rub their nutsaks on yer face and then arrest you for disorderly conduct.....and you will have a hard time proving it. but other than such perfidy, reasonable suspicion differs from probale cause. the world runs on two sets of rules; the rules man sets down in writing, and the rules that state you can do whatever you can get away with; ie natural law or natures rules as it were. |
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Posted: 7/19/2008 10:43:25 PM EDT
[#29]
Thank you for your EDIT. That's my whole point. They will find something if you give them a hard time or a reason. Majority of the time, normal law abiding citizens are required to be searched, because they look "law-abiding". If you look fucking suspicious, you ass is gonna get searched. |
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Posted: 7/19/2008 10:51:57 PM EDT
[#30]
I got pulled over by a DPS Trooper in Seguin, TX. He asked me, "Do you have any guns, drugs, or large sums of cash."
"No. I wish." Me:  Him:  "Do you mind if I search your vehicle?" "You may not search my vehicle. I don't see any reason for you to search my vehicle." Then we shot the shit about Sigs. He gave me a ticket, and I was on my merry way. I'll tell you what, the ONE time I was honest with a cop, it landed me in jail. Another time, the coppers left me alone, REAL quick after I told them, "My aunt works for the ACLU in LA, and she's gonna have your ass on a platter. What's your fucking badge number?! I'm filing a report with Internal Affairs as soon as I am out of here." Key words: Badge Number Internal Affairs ACLU Flame on, this guys deserved it. |
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Posted: 7/19/2008 10:55:45 PM EDT
[#31]
real life... "Sir, you need to calm down and wait here in the backseat until I am finished." Meanwhile they are running a check on your license, registration, insurance, warrants, fingerprints, DNA, sperm... whatever until you come up dirty, or are in big trouble with your boss because you showed up late for work due to what you believe to be targeted police harrassment or profiling. What is supposed to happen, and what really happens are totally different. Then if you appear in court, it always looks as if it's your fault that what really happened went down although the LEO's made every attempt to handle it "By the Book" like it's supposed to happen. |
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Posted: 7/19/2008 11:00:48 PM EDT
[#32]
If she had NOT been drinking, she'd have no problems at all. |
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Posted: 7/19/2008 11:02:42 PM EDT
[#33]
You clearly have more faith in the saintly character of all L.E. than I do! And, they are also wasting YOUR time, but perhaps that's OK too? We have too much constant pressure to meekly surrender our rights, allowing them to be reduced to mere privilege without a struggle is abominable cowardice. Until they pull a gun and threaten you, always stand on your rights! "The strength of the Constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty bound to do his share in this defense are the constitutional rights secure." -- Albert Einstein |
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Posted: 7/19/2008 11:03:08 PM EDT
[#34]
Great, you threatened the cop and his job security. That's a good way of speeding things along. 
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Posted: 7/19/2008 11:05:06 PM EDT
[#35]
Those 'key words' only work if you TRULY have nothing to hide. If they do in fact (legitimately) smell something or have true probable cause supported by Oath and Affirmation, those words mean nothing. You're fucked and your ACLU/IA friends will have nothing to do with you. |
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Posted: 7/19/2008 11:10:29 PM EDT
[#36]
You are right, we do have constant pressure on us to surrender our rights. It is our responsibility to feel "duty bound" to defend our rights whenever possible. But, the financial burden of defending our rights in today's modern court system which drags on ever so slowly and requires enough experienced legal counsel, that it is usually beyond the average citizen's financial abilities. |
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Posted: 7/19/2008 11:19:34 PM EDT
[#37]
So fucking what? The guy was an unprofessional douchebag. If he hadn't have shown up to my work MULTIPLE times after I told him I was going to file a complaint with IA, I would never have filed it. One of his Sergeants told me to file a report. Fuck him. I like good cops as much as the next ARFcommer. And I've met MANY more good cops, than bad cops. With that said, bad cops hack me off to no end.
Agreed. But it will get the dumb cops off your back, as well as the ones who already have been investigated by IA that know they are doing something questionable. |
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Posted: 7/19/2008 11:22:34 PM EDT
[#38]
NEVER!
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Posted: 7/19/2008 11:23:46 PM EDT
[#39]
[SARCASM] You mean the system is set up to go against us? ....................an the the poor and those of modest means do not get a fair shake? [?SARCASM]  I wanted to be a cop when I was a kid, now I could not look at myself in the mirror if I were. I just think the system is completely fubar. |
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Posted: 7/19/2008 11:33:09 PM EDT
[#40]
Are you allowed to video them searching your vehicle? if you're not obviously 'detained for their safety'
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Posted: 7/19/2008 11:38:22 PM EDT
[#41]
Don't need a warrant for a vehicle.Us V Carroll However, you can't toss a car just because it seems like the thing to do... ETA: This article seems to be a bit more informative... |
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Posted: 7/19/2008 11:41:42 PM EDT
[#42]
You don't need a warrant to search a vehicle. There are multiple exceptions to the warrant rule, including plain view, exigency, search incident to arrest, and consent. |
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Posted: 7/19/2008 11:43:05 PM EDT
[#43]
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Posted: 7/19/2008 11:43:49 PM EDT
[#44]
Where I live/work right now, consent is not required... 'All vehicles and persons are subject to search at any time for any reason'.... Standard policy for all military installations... That said, my number has never come up for a random search... I have, on one occasion, had my car and my on-post room searched by dogs, though, as part of a 100% search of everyone in the unit... |
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Posted: 7/19/2008 11:45:07 PM EDT
[#45]
Known as a wingspan search lunge and grasp Chimmel area. Whichever you prefer. |
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Posted: 7/19/2008 11:49:01 PM EDT
[#46]
Fixed Can't exactly run around searching the lunge area for no good reason either though. |
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Posted: 7/19/2008 11:49:19 PM EDT
[#47]
Nobody is saying you should consent to a search if you have done nothing wrong.
I'm just advising you not try and play roadside lawyer, because you probably don't know the law as well as you think you do. |
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Posted: 7/19/2008 11:51:03 PM EDT
[#48]
Bah! Off by one M. Thank you sir. |
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Posted: 7/20/2008 12:25:59 AM EDT
[#49]
Anytime I actually googled it, because I had never heard it referred to by that name before. BTW, I'm pretty sure I sent you an IM like a month ago and never got an answer 
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Posted: 7/20/2008 12:37:10 AM EDT
[#50]
If you ask any lawyer (I have asked several)...or any cop for that matter(asked a few of those as well) they will all tell you the same thing. Never give consent to a search. Never ever ever ever.
I don't care if your a little old lady with nothing to hide or a dude with 20 kilo's in the trunk. DO NOT DO IT. There are a multitude of good reasons not to and no good reasons to do it unless you actively like having your right's violated and to the crowd who says "if they want to find something they will" yeah right...I'm sure EVERY SINGLE COP has a bag of weed or some thing to plant on you if you stand up for yourself. |
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