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Old 01-05-2012, 09:06 PM   #11
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Reasonable suspicion and probable cause is two different things.you cant search a persons vehicle based on reasonable suspicion,thats when the officer asks for consent to search.if the officer already has probable cause that something illegal is inside your vehicle,they do not need consent to search. I'll give examples,reasonable suspicion is like if you know the person that you have stopped and know that they are an avid drug user,you have reasonable suspicion that there are drugs in the vehicle but you cant be certain enough to search it. Probable cause is when you walk up to the vehicle and you can smell a strong odor of marijuana coming from the vehicle,or you walk up to the vehicle and see a small white baggy containing a crystal like substance sitting in plain view inside the open ash tray.that is probable cause and the officer can search the vehicle without consent. If all you have is reasonable suspicion and the driver tells you to get a warrant,that is pretty much a "NO" answer and usually the officer isnt going to wait hours for a warrant based on reasonable suspicion.Now if you have been asked to step out of the vehicle the officer by law can conduct a "pat down" for weapons,a pat down is different than a search. Now during a pat down if the officer feels anything drug related,he can ask you what that item is and confiscate that item and charge you with it.

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Old 01-05-2012, 09:16 PM   #12
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Also,if you are arrested for lets say "driving under suspension" and your vehicle is being impounded or is being impounded for no insurance. The officer(s) have to conduct an inventory of the vehicles contents. If anything illegal is found inside the vehicle during inventory you can/will be charged for it.

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Old 01-05-2012, 09:22 PM   #13
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I would never allow it - you never know what might be in your car. I had a rental and when I was returning it noticed a old film roll bottle. It had marijuana in it. I read the rental place the riot act. If I had gotten pulled over and searched it would not have been pretty.

Unless no one else is EVER in your car you cannot be sure something isn't in it that shouldn't be.

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Old 01-05-2012, 09:25 PM   #14
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There is never any benefit to you to authorize a search. If you have nothing to hide, there is nothing for them to find thus no reason to allow them to search. If you have something to hide, you'll be discovered if you authorize a search, and you'd be no better off than if they had a warrant.

The reality is, the LEO knows they can search if they have probable cause, and they know they can get a warrant if they have probable cause, they don't need to ask. The sad state of affairs is that many LEOs will manufacturer a reason to gain that probable cause, and they know the system is currently stacked in their favor to avoid getting caught.

As a kid, I was taught to trust LEOs, and did. As an adult, I've lost that trust based on observation of endemic abuse of authority in departments by a significant percentage (hmmmm....I'd conservatively estimate at 25-30%?) of LEOs AND the lack of action by their fellow LEOs to take action against that abuse.

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Old 01-05-2012, 09:35 PM   #15
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Originally Posted by Jeepergeo View Post
There is never any benefit to you to authorize a search. If you have nothing to hide, there is nothing for them to find thus no reason to allow them to search. If you have something to hide, you'll be discovered if you authorize a search, and you'd be no better off than if they had a warrant.

The reality is, the LEO knows they can search if they have probable cause, and they know they can get a warrant if they have probable cause, they don't need to ask. The sad state of affairs is that many LEOs will manufacturer a reason to gain that probable cause, and they know the system is currently stacked in their favor to avoid getting caught.

As a kid, I was taught to trust LEOs, and did. As an adult, I've lost that trust based on observation of endemic abuse of authority in departments by a significant percentage (hmmmm....I'd conservatively estimate at 25-30%?) of LEOs AND the lack of action by their fellow LEOs to take action against that abuse.
I thought I should revise what I said earlier so I don't give the wrong impression. I never meant to say I would give any LEO the right to search my vehicle. Nor would I volunteer any information I didn't have to. I would most likely ask the officer why he or she felt the need to do the search. I have also lost a lot of the trust of law enforcement officials that I once had.
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Old 01-05-2012, 09:46 PM   #16
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Wow, interesting opinions. I've never had anything illegal in my vehicle, and I probably wouldn't have thought twice about telling an officer yes if one had ever asked. Now I am rethinking this. I am interested to hear what some of the other LEOs on this site think about this issue.

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Old 01-05-2012, 09:59 PM   #17
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Originally Posted by shadamai View Post
Wow, interesting opinions. I've never had anything illegal in my vehicle, and I probably wouldn't have thought twice about telling an officer yes if one had ever asked. Now I am rethinking this. I am interested to hear what some of the other LEOs on this site think about this issue.
The proper question to the LEOs is: If they were in another state and a LEO asked to search their vehicle, would they allow it?
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Old 01-05-2012, 10:00 PM   #18
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I would have to know why they want to search my vehicle. What do they think I have?
If they were looking for illegal drugs, then that is the only thing they would have my permission for. I would allow it in writing and have the LEO sign it stating the reason for the suspicion, exactly what they were looking for, and that any damage to my vehicle as a result of the search would be taken care of by them.

Then if they found anything else, it is without my permission or search warrant.

(I have purchased used rental vehicles and have found a lot of things when I clean them.)

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Old 01-05-2012, 10:35 PM   #19
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Had two cops ask to search my vehicle. I told them no, they didn't have any right, nor need to. I was polite and respectful. They put me in the back of the cop car and "produced" a bag of pot...from his pocket, right in front of me. I had to get a lawyer. Lawyer informed me, our city PD hired 27 cops who had been fired from previous areas for...planting evidence. Cops are allowed to do a "plain view" search, which means cops can really do whatever the hell they want, because they're cops, and we give them god-like power and pray they do the right thing all the time. Mostly they do the right thing, but some are scumbags. I hope, I pray those cops got gunned down in the line of duty. Bad cops are the same as traitors to this country in my opinion. They spit on the very constitution that founded this country.
ANY cop found guilty of planting evidence should be sentenced to death for treason, and that's not a joke.

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Old 01-05-2012, 10:50 PM   #20
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Originally Posted by BlueTurf View Post
I thought I should revise what I said earlier so I don't give the wrong impression. I never meant to say I would give any LEO the right to search my vehicle. Nor would I volunteer any information I didn't have to. I would most likely ask the officer why he or she felt the need to do the search. I have also lost a lot of the trust of law enforcement officials that I once had.
You and me both. I lost my trust of them at the hands of one of those abusers. Cops are human and being human they WILL lie especially to protect their own butt. So there is no way I'd give consent for a search.
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