Ok, now a bit of editorial commentary. I cannot wrap my mind around why a law-abiding citizen would ever consent to a police search. For someone who is trafficking drugs to consent to a car search takes the stupidity to a whole new level.
There is no reason for anybody to ever say yes to a consent search. Contrary to what many people believe saying "no" to a search does NOT give the police a reason to dig through your car, and if they have no PC they have no choice but to let you go on your way. You are not being difficult or acting suspicious by refusing a search, you are simply exercising your constitutional right not to have your private belongings pawed through.
4 comments:
Can't they get a warrant over the phone, though?
If they have probable cause I don't think they even need a warrant. That's still not a reason to consent to a search though. Cops will ask if they can search people's cars without PC. In fact, I think that in some states for a consent search to be valid they must make it clear that you are free to go before asking for consent. Despite that people still roll over and say yes.
I once saw an episode of Cops (don't laugh, we all have your guilty, trashy pleasures) where a police officer clearly tells a woman that she's free to leave, then asks to search her car. She says yes, he finds drugs, she goes to jail. Granted the fact that she was using drugs in the first place shows she wasn't too smart, but why would someone ever say yes to something like that when they KNOW they have something illegal in their car?
I know it's an online video, but everyone should watch the first part of Busted: The Citizen's Guide to Surviving Police Encounters. It was probably one of the most informative civics lessons I've ever gotten. "I'm sorry sir, I do not consent to any searches" is the only thing you should ever say in that kind of a situation.
A lot of people have this attitude that "oh, if the cops want to look through your car they will" but at least in Maryland that is absolutely not the case. A few years ago I spoke with a guy who works as a defense attorney out in Frederick County. I expected to here complaints about how judges, cops and prosecutors are all in bed with each other, but he said that even in Western MD judges will hold police officers to the law.
Just wanted to add that obviously the best way to protect yourself (as Chris Rock put it in his how not to get your ass kicked by the cops skit) is to obey the law! I don't roll around with drugs or illegal guns in my car, so even if I did get searched it's not like anything would happen. Still, you cannot help yourself in any way, shape or form by waiving your rights, and there's always a tiny chance that dumbass friend left something in your car that could get you in trouble.
Hell, if you're a law-abiding citizen then you aren't helping the cops either by letting them search your vehicle. All they're doing is wasting their time and yours. If you're a criminal then I hope you don't read this, but the smart ones already know what to say and the dumb ones will probably continue to behave like idiots.
Ppatin: Although I appreciate your attitude not to consent to a search in which I wholeheartedly agree with you, things are a little different when one is actually on the side of the road dealing with asshole cops. As a law-abiding-citizen who has had the pleasure of being in a similar situation where I've politely refused to answer officers questions, the police can become irate, furious and threaten to arrest if one doesn't cooperate. On the side of the road cops will do whatever it takes including lying and bullying to get the desired result. One needs to keep a very cool head which is difficult enough when one has nothing to hide, I can imagine that it becomes exponentially harder when one has contraband in their car and a very long criminal history behind them.
The challenge when being pulled over in a car is that you have to hand over your license, so the police know who you are and can see your entire sordid criminal history which gives the cops a place to start when questioning someone.
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