Quote:
Originally Posted by SBXVII
Ha, ha, Ok.
I'll say this... if the officer is "asking" to search your car then he/she more then likely does not have the probable cause to search inside. Be polite, be respectful, don't be sarcastic, simply say no because you don't have time for it because your late for a date or appointment or need to get home. The Supreme Court has said no means no. The police can not "swindle" you into letting them search the vehicle as in saying "why won't you let us search it? If you don't have anything to hide then you'd let us search it."
However keep in mind some officers do ask to search even though they have found probable cause to search. Why? I don't know. If you have the probable cause they simply should be saying "I'm going to search your car because I found (whatever) in your car." If they have it they will tell you.
But I laugh because technicall they can keep you on the side of the road for up to 2 hrs roughly per Supreme Court rulings. Depending on if you have been stopped before and contraband found depends on whether they will go through the whole process of getting a search warrant. It's much easier to simply call the K-9 to come sniff around your vehicle, which if the dog signals the vehicle has contrabrand inside is probable cause for the officer to search inside. On a side note.... sometimes when the dog smells contrabrand they tend to scratch at the vehicle sometimes leaving scratches on the outside, and if the dog hits and they send the dog inside because you still don't want to "get caught" the dog sometimes tears up the seats scratching at them if the contrabrand is inside or under them. I've never heard of someone successfully getting reimbursed for damage done to their vehicle when contrabrand has been found.
There is an old saying.... inocent people have nothing to hide. However I too don't like the overzealous officer. So .... if you got the time to sit on the side of the road for up to 2 hrs protecting your civil rights then enjoy it. But also remember .... if the officer is stopping you because you broke the law, the officer does have the option of writing you a ticket or taking you into custody, towing your vehicle (which requires a "inventory search"), and taking you to the Magistrate. No matter how petty the offense.
Simply put ... don't break the law. and most of all.......
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If I get pulled over the officer is obstructing my day, he’s the one that needs to be polite, respectful, and sincere…. Not me.
So if a officer asks to search my car I should just say sorry sir Im late for a date or I just need to get home, and he’ll let me on my way and he cant swindle me into letting him search my car? But then you say but he can hold me on the side of the road for up to 2 hours. Wow sounds like if im late for a date or need to get somewhere im pretty much screwed unless I let him go through my belongings. And if the dogs smells something or thinks he smells something he’s gonna scratch my car too?
Innocent people should also have nothing to fear…. However a overzealous cop can probably make feel pretty fearfull 2 hours later when he lets you go. If you have nothing to hide would you let me search your car? Im only friends with one police officer, so more than likely any stranger that pulls me over isn’t going to be the chance to rummage through my positions.
When I was in school I got pulled over with some friends right after we left a criminal justice class because our music was on too loud. Because we were just talking about individual rights we decided not to let the police officer search the car after he asked. We were forced to stand in the cold for about 45-hour while waiting for a k9 to show up. There was a park bench within 10 feet of where the officer made us stand. There were jackets in the car we were not able to retrieve. We were individually interrogated and patted down by the officer while we waited for a k9. We were not allowed to use our cell phones or inform friends or family of the situation. Of course the k9 didn’t find anything and we able to show up for our date or appointment….. albeit 45 minutes later.
We hear the discussion all the time about how athletes need to be role models. I think what Docket did is quite admirable. He didn’t do anything wrong and showed the young kids that look up to him that you don’t need to be harassed by police officers.