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View Full Version : 5 Reasons You Should Never Agree to a Police Search. Even if You Have Nothing to Hide



Dolphins9954
02-25-2012, 12:51 PM
Whether or not you ever break the law, you should be prepared to protect yourself and your property just in case police become suspicious of you. Let's take a look at one of the most commonly misunderstood legal situations a citizen can encounter: a police officer asking to search your belongings. Most people automatically give consent when police ask to perform a search. However, I recommend saying "no" to police searches, and here are some reasons why:

1. It's your constitutional right.

The 4th Amendment to the U.S. Constitution protects us against unreasonable searches and seizures. Unless police have strong evidence (probable cause (http://www.flexyourrights.org/faq/129)) to believe you're involved in criminal activity, they need your permission to perform a search of you or your property. You have the right to refuse random police searches anywhere and anytime, so long as you aren't crossing a border checkpoint or entering a secure facility like an airport. Don't be shy about standing up for your own privacy rights, especially when police are looking for evidence (http://www.youtube.com/watch?v=s7RYH8Py6lY&feature=plcp&context=C3ed894eUDOEgsToPDskKIb1nZz_9rVNn-rVF3p_Qf) that could put you behind bars.

2. Refusing a search protects you if you end up in court.

It's always possible that police might search you anyway when you refuse to give consent, but that's no reason to say "yes" to the search. Basically, if there's any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court. If you refuse a search, however, the officer will have to prove in court that there was probable cause to do a warrantless search. This will give your lawyer a good chance to win your case, but this only works if you said "no" to the search.

3. Saying "no" can prevent a search altogether.

Data on police searches are interesting (http://flexyourrights.org/contacts_between_police_and_public), but they don't show how many searches didn't happen because a citizen said no (http://www.youtube.com/watch?v=z_ckcdtQ95w&feature=plcp&context=C3e68a20UDOEgsToPDskIvKNzAJUjgsc-ULHproOHf). A non-search is a non-event that goes unrecorded, giving rise to a widespread misconception that police will always search with or without permission. I know refusing searches works because I've been collecting stories from real police encounters (http://www.flexyourrights.org/success_stories). The reality is that police routinely ask for permission to search when they have absolutely no evidence of an actual crime. If you remain calm (http://www.youtube.com/watch?v=JU_hKw0BREY&feature=plcp&context=C31af3ebUDOEgsToPDskKfPeNi7uY-Lc2yeNjgYMbk) and say no, there's a good chance they'll back down, because it's a waste of time to do searches that won't hold up in court anyway.

4. Searches can waste your time and damage your property.

Do you have time to sit around while police rifle through your belongings? Police often spend 30 minutes or more on vehicle searches and even longer searching homes. You certainly can't count on officers to be careful with valuables or to put everything back where they found it. If you waive your 4th Amendment rights by agreeing to be searched, you will have few legal options if any property is damaged or missing after the search.

5. You never know what they'll find.

Are you 100 percent certain there's nothing illegal in your home or vehicle? You can never be too sure. A joint roach could stick to your shoe on the street and wind up on the floorboard. A careless acquaintance could have dropped a baggie behind the seat. Try telling a cop it isn't yours, and they'll just laugh and tell you to put your hands behind your back. If you agreed to the search, you can't challenge the evidence. But if you're innocent and you refused the search, your lawyer has a winnable case.
Remember that knowing your rights will help you protect yourself, but no amount of preparation can guarantee a good outcome in a bad situation. Your attitude and your choices before, during, and after the encounter will usually matter more than your knowledge of the law. Stay calm no matter what happens, and remember that you can always report misconduct (http://flexyourrights.org/faq/130) after things settle down. Finally, please don't be shy about sharing this information with your friends and family. Understanding and asserting your rights isn't about getting away with anything, and it isn't about disrespecting police either. These rights are the foundation of freedom in America, and they get weaker whenever we fail to exercise them.


http://www.huffingtonpost.com/scott-morgan/5-reasons-you-should-neve_b_1292554.html


Just say NO.

rob19
02-25-2012, 01:11 PM
Cop pulled me over a few months ago and wanted to search me because my car smelled like "grass", and preceded to repeatedly awkwardly ask me if I had any "grass" in the car like some pretend 1950's movie cop tough guy. I smoke in my car sometimes, it did smell a bit like weed, I told him no though, he told me he'd call the dogs if I didn't let him search it. I knew it smelled like weed anyway, & I knew I didn't have anything, so I let him search it.

He didn't find anything, but I keep a stick of deoderant in my car, & like the tool he is, he opened the top, and ****ing sniffed it to see if I was hiding some weed inside the deoderant stick or something. Had to hold in the lulz as he took a deep long wiff of my arm-pit stick. That somewhat made-up for the whole thing.

Dolphins9954
02-25-2012, 01:24 PM
Cop pulled me over a few months ago and wanted to search me because my car smelled like "grass", and preceded to repeatedly awkwardly ask me if I had any "grass" in the car like some pretend 1950's movie cop tough guy. I smoke in my car sometimes, it did smell a bit like weed, I told him no though, he told me he'd call the dogs if I didn't let him search it. I knew it smelled like weed anyway, & I knew I didn't have anything, so I let him search it.

He didn't find anything, but I keep a stick of deoderant in my car, & like the tool he is, he opened the top, and ****ing sniffed it to see if I was hiding some weed inside the deoderant stick or something. Had to hold in the lulz as he took a deep long wiff of my arm-pit stick. That somewhat made-up for the whole thing.


Don't smoke weed in your car anymore man and get the smell out. Never give a reason for the cops to search your car. And the most important thing is to say no because if you do end up in court you have a great chance of beating any charges by exercising your right to refuse a search. Remember cops do plant evidence. Happens all the time. I only smoke at home and never carry anything on me. Unless I'm going to a concert. That's when I pull out the one hitter that looks like a cig. And only carry what I can eat if the need arises.

rob19
02-25-2012, 01:31 PM
Don't smoke weed in your car anymore man and get the smell out. Never give a reason for the cops to search your car. And the most important thing is to say no because if you do end up in court you have a great chance of beating any charges by exercising your right to refuse a search. Remember cops do plant evidence. Happens all the time. I only smoke at home and never carry anything on me. Unless I'm going to a concert. That's when I pull out the one hitter that looks like a cig. And only carry what I can eat if the need arises.

Yea I've been more careful about the smell since. Normally I don't travel with it at all unless I'm going to a friends or something, & like you said I'll take an amount that I can swallow if need be. I cap in bulk & tip my connect about 10$ for gas so I don't have to drive w/ it. ****ing makes me want to move to Cali.

GoonBoss
02-27-2012, 09:33 PM
The police will do what they want if they want to bad enough. The courts will always belive them unless it's really, really obvious they screwed up. I had a buddy that was hispanic, in a nice car, driving up from CENTEX to Athens, TX. He did what is detailed, and was held until the dogs got there. They "Alerted" the dog and two hours later, he's back on his way.

I was busted for 90 in a 65 around the same area. I did my usual...Turn off the car, put the keys on the dash and put my hands on the wheel and 10/2. I'm absolutely sure that being large and white, with a flat top/skin sides haircut got me out of a ticket......Then, the cop looks down and sees a tattered, well worn corner of a sandwich bag sticking out of a compartment in the Honda that I didn't even know was there. He looked down and said "What's that?" and I was like...."Uhhhhhhhhhhhhhh" as I didn't know...A lightning bolt of terror went through me. My wife hung out with stoners even after I was in the Army, and it was the car she normally drove.

****.

Turned out it was kleenex....But **** me.....The jolt of terror was jarring.


"Your honor...I don't smoke pot!"

"The police found pot in your car."

"It's my wife's car! She hands out with people that smoke pot sometimes!"

wow