should you give consent to leos search you vehicle

Discussion in 'The Club House' started by downsouth, Jan 5, 2012.

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  1. downsouth

    downsouth New Member

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    There is a video of Utica police allegedly planting evidence at a vehicle stop. I watched the youtube 1:40 version. Did'nt see anything of note.

    I have been asked one time back in the day for consent, which I agreed to. These days I would probably tell the police to get a warrant. I am sure I would be handcuffed on the curb for a couple hours while they got the warrant.

    How do you leos feel about someone asking for you to get a warrant giving no probable cause.

    How do the rest of the regular Joes feel about giving consent to police to search your vehicle?
     
    Last edited: Jan 5, 2012
  2. Jstrong

    Jstrong New Member

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    The only time I've seen police search a car,was a few years ago when my friend Ryan was pulled over by a female officer who didn't particularly like him. (Him and his three brothers had made a name for theirselves among our 20-officer police force). I believe it was for not using a blinker in a turn only lane. Anywho she asked to search the vehicle,he said yes,and an hour and another squad car later him and all of his door panels and some of the stuff that was in the car were on the side of the road in the rain. He got wrote a open container ticket for a empty bottle of patron on his back floorboard that had to of been from a couple weekends back.

    So long story short,they can get a warrent to search my truck unless I legitimately feel they just want to poke their head in and have a look-see.
     

  3. bkt

    bkt New Member

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    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.
     
  4. BlueTurf

    BlueTurf New Member

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    I do not have anything in my vehicles that is illegal or will otherwise get me in trouble. If a police officer asked to look in my truck in a professional way I probably wouldn't have a problem with it. I have a valid Concealed Weapons License for my state. Now, if an LEO was being an unprofessional a$$hole about it I would probably decline their request and they could get their warrant or whatever. Once while fishing I had my .45 cap in the front seat of my truck in plain view. A Fish & Game official asked if the gun belonged to me and if I minded if he looked at it. He was very professional about how he made this request. I told him that it had a loaded magazine in it but not one in the chamber and he was free to check it out. He did the standard drop the magazine and pull the action back thing, looked at it briefly and thanked me. He left the magazine out for me to put back in. After checking my fishing license he left.
     
  5. hmh

    hmh New Member

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    I do not have anything illegal or any type of criminal record. Now that being said if they want to search anything I own they need a search warrant. I was military and in the state I was stationed had a law that active duty military did not need a cwp. I was pulled over identified who I was and what I had the officer tried to take my pistol. Luckily the same thing happened to a Sargent of mine and he instructed us to go to probate and get a copy of the law. Even after I presented the cop with a copy of the law he still tried to take my pistol. So I informed him he needed to get his shift leader. It was sad that neither one of them knew the law. I kept my pistol after polity insisting and several phone calls from them. So after that ordeal and being harassed as a teen you want to search me get a warrant.
     
  6. vincent

    vincent New Member

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    Plain and simply...NO!!!
     
  7. JonM

    JonM Moderator

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    Nope i would never give permission to search. As a former law enforcement (military police) the times i did do searches i had probable cause to search. Usually the perp did something or had something illegal in plain sight that allowed the search.

    I had better things to do than harrass innocent people with random searches
     
  8. Chainfire

    Chainfire Well-Known Member Supporter

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    What Vincent said. NEVER! There is no way it can help you and all kinds of ways it can hurt you. Also, never get into any more conversation than necessary. Tell him, hello, hand him your license and shut up. Try to answer questions with one word.

    "Do you know how fast you were driving?" 55
    "Have you been drinking" NO,- not, "I had a couple of beers"
    "Where are you going?" HOME

    If you are arrested, don't say anything. Once the cuffs are on you ain't gonna talk your way out of anything, but you could talk yourself into trouble. Never fall for "it will go easier....." They can lie to you, but if you lie to them it is a problem.
     
  9. willshoum

    willshoum New Member

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    At a lost......

    I'm at the point in life, If you put the lights on behind me with the siren, you better have a better excuse than Barry in the white house.....Bad cops out # the good ones.......:mad:
     
  10. m72law

    m72law New Member

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    i wouldnt care if they wanted to search,they better have thier tetnus shot up to date!!!
     
    Last edited: Jan 5, 2012
  11. MrWray

    MrWray New Member

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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.
     
    Last edited: Jan 5, 2012
  12. MrWray

    MrWray New Member

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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.
     
  13. Magnum27

    Magnum27 New Member

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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.
     
  14. Jeepergeo

    Jeepergeo New Member

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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.
     
  15. BlueTurf

    BlueTurf New Member

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    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.
     
  16. shadamai

    shadamai New Member

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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.
     
  17. Chainfire

    Chainfire Well-Known Member Supporter

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    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?
     
  18. danf_fl

    danf_fl Retired Supporter

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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.)
     
  19. Mosin

    Mosin Well-Known Member

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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.
     
  20. hogrider

    hogrider New Member

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    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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