Quote:
Originally Posted by mlmpetert
Yep, perfectly said Djnemo
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Perfectly said if the officer had no reason to stop him. However if he was speeding, failed to use a turn signal, California stopped a stop sign, ran a red light, had a tail light out.... etc, etc... then the stop was legal and the officer has every right to "ask" to search the vehicle just like every citizen has every right to refuse the search. It's no different then you asking to search your neighbor's wifes purse. You have the right to ask and she has the right to say yes or no.
Which is why I said "politely say no." If you act like an ass or cop an attitute spouting that you know your rights.... the officer is going to get pissed off and look for other violations or simply charge you for the one he was going to give you a warning on. Most people are nervous and polite. Go ahead and act angry, irrational, or cocky of your rights from the get go and see if it doesn't peak the officers interest as to what you might be hiding.
All I was saying is you have a better chance of getting a ticket or warning and sent on your way by being polite vs. standing your ground and being cocky, angry, or irrational about your rights. and.... although it's called a brief stop .... technically the Supreme Court has justified 2 hrs as being brief. With out an infraction or breaking of law they have to let you go after 2 hrs.
Another example would of not being respectful is talking on your phone during the traffic stop, or texting while the officer is trying to converse with you. This will most likely piss off the officer and make him want to run you through the mill.
People are funny, you don't want to get caught with your hand in the cookie jar don't slam the lid of the jar, you don't want to get caught sneeking out of the house don't slam the door, you don't want your car or your self searched by the officer don't act like an ass. Simple.
and.... just because he didn't get a ticket does not mean the officer just chose his vehicle to stop and ask to search. More then likely he broke the law and the officer pulled him over questioned him about the offense, gave him a warning on the offense hoping the subject would later say yes to searching the car. Happens all the time.