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should you give consent to leos search you vehicle


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Old 01-05-2012, 11:19 PM   #21
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With me being a K9 handler i never had to ask for consent,oklahoma states that you can utilize a K9 on any traffic stop as long as you do not detain the person longer than necessary to conduct the stop. So while i was waiting for the dispatcher to seek my requested information,i would utilize my dog. Its called a "free air search",meaning i cant legally just use my dog inside the vehicle without consent but a K9 can smell the odor of narcotics from the air escaping from inside the vehicle through the door seams or the trunk. It would take me about 45 seconds to use my dog then i was back in my car getting my info back from the dispatcher.if my dog alerted then i would search the vehicle,if he didnt then i would send them on their way. Of course i didnt use the K9 for every stop, i used my discretion and common sense.
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Old 01-05-2012, 11:26 PM   #22
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Quote:
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.
Silence and obedience are your only safe options.

Volunteer nothing. Authorize nothing.

If they ask for your license, produce it.
If they ask for your registration, produce it.

If they ask how fast you were going, shrug or say nothing.
If they ask you to get out of the vehicle, get out of the vehicle.

If they ask if they can search your car, reply "I do not authorize a search of my car or person."
If they try to scare you (e.g., "this will be easy if you cooperate, etc."), say nothing or reply that you will comply with non-optional orders.

If they cuff you, cooperate and don't struggle.
If they strike you, take what you can and don't strike back (hopefully a non-LEO citizen has a video recorder going).

Don't fall for the "good cop, bad cop" routine...assume all LEOs involved are working against your best interests while trying to maximize their own.

If you are like most people, don't make the first call to an attorney, because if you are like most good guys, you don't have an attorney. Call a spouse or close friend, let them know you need help and an attorney ASAP: they will have more time and less stress to track down an attorney that can help you.
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Old 01-05-2012, 11:30 PM   #23
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Originally Posted by MrWray View Post
With me being a K9 handler i never had to ask for consent,oklahoma states that you can utilize a K9 on any traffic stop as long as you do not detain the person longer than necessary to conduct the stop. So while i was waiting for the dispatcher to seek my requested information,i would utilize my dog. Its called a "free air search",meaning i cant legally just use my dog inside the vehicle without consent but a K9 can smell the odor of narcotics from the air escaping from inside the vehicle through the door seams or the trunk. It would take me about 45 seconds to use my dog then i was back in my car getting my info back from the dispatcher.if my dog alerted then i would search the vehicle,if he didnt then i would send them on their way. Of course i didnt use the K9 for every stop, i used my discretion and common sense.
"Yes Your Honor, my dog Lassie alerted, so I searched the vehicle." Unfortunately, Lassie can't speak in court and tell the truth.
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Old 01-05-2012, 11:32 PM   #24
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Quote:
Originally Posted by bkt
Nope, they can't search my vehicle or my person. If they believe a crime has been committed, they can arrest me and search me, then have a judge sign off on a warrant to search my car.

Never, ever say "yes" to a cop when he or she asks if they can search your car. They don't need to ask. There's a legal process to follow to allow them to do it, but if you give them permission and bypass that process, you open yourself up to big problems.

This has not happened to me and I intend to keep it that way.
I fully agree. I don't keep anything in my car (by the way, I got two cars today, traded my old truck for both, crazy story I'll have to tell y'all sometime)

I'll never give consent, they'll have to find something to charge me with and then go through all the proper channels.
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Old 01-05-2012, 11:51 PM   #25
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Quote:
Originally Posted by Jeepergeo

"Yes Your Honor, my dog Lassie alerted, so I searched the vehicle." Unfortunately, Lassie can't speak in court and tell the truth.
"Buddy" was his name, and he didnt have to testify.his work history and months of training spoke for itself.
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Old 01-06-2012, 12:24 AM   #26
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Short clip to get you warmed up


Then the long video from a law professor and police lt

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Old 01-06-2012, 12:24 AM   #27
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Quote:
Originally Posted by danf_fl
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.)
I agree that this is the way to do it. Where I live, is a relatively small city and I would dare to say that 90% of the cops here do there job and do it well. When given the opportunity, I thank the locals for their service. All the bad cops out there make the good ones' jobs exponentially harder just because the average person has the mind set that the average LEO is out to give them a hard time. I have had a few run ins with LEOs in the past (young and stupid) and I treated them with respect and expected the same of them and was treated as such. Only one time, I was mistreated and it was by a dang campus cop on a power trip that went a bit overboard. By the time my lawyer got done with him he was a rent a cop at a local theater. Personally, i try to be as polite as possible unless they are being a $&?@ face. I just want to be on my way with no trouble and the LEOs around here want the same. Anyway, I agree with danf_fl.
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Old 01-06-2012, 12:29 AM   #28
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because if you are like most good guys, you don't have an attorney.
If you're reading this and do not have an attorney, find one, TOMORROW. A good attorney is worth their weight in gold... a bad attorney will cost you money and possibly your freedom and/or rights.

I have phone numbers for three separate attorney's in my phone and talking to my wife tonight made me realize she needs them in her phone and a printed hard copy that's easy to grab.
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Old 01-06-2012, 12:36 AM   #29
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I had an interesting "In Plain View" experience in a small town near here. I have a gun club membership in a small town near here. One day on my way back from the range I was pulled over for driving a little too fast. The back seat of my truck was covered with guns, both rifles and handguns. The LEO took a long look at my back seat. After checking my license, registration, proof of insurance, etc. and warning me about my speed he asked if I had a Concealed Weapons License. I answered, "Yes, I do, but I don't have any concealed weapons with me; they are all in the back seat." The LEO had to already know I had a Concealed Weapons License before he asked me. He would have known that when he ran my plates. Anyway, he didn't even ask to see my permit.
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Old 01-06-2012, 12:49 AM   #30
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I consented to search when i was a teenager because I was always taught to respect, obey, cooperate with, trust the law man. Now I am old enough to know that I am the only person on this planet that has my safety, health and welfare in mind. My lawyer has my interests in mind because I pay him handsomely to do it. If a cop wants a search he'll have to produce a warrant.
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