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when someone refuses to let LE search car

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  • when someone refuses to let LE search car

    Good Day all, when someone refuses to let you search the car they are driving do you in the back of your mind think they are anti cop jerks or they are hiding something

  • #2
    I think that they are mindful of the US Constitution and Bill of Rights.
    Now go home and get your shine box!

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    • #3
      Originally posted by CCCSD View Post
      I think that they are mindful of the US Constitution and Bill of Rights.
      And I know if I really want to search the car ....I can find a way to do so
      Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

      My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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      • #4
        would it upset a LEO if someone asked why do you want to look though my car and what will you be looking for if I do allow you to search

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        • #5
          Constitution is a beautiful thing. I have no problem communicating with the drivers when making a stop. As long as there is probable cause that a crime has been committed. Gant v. AZ doesn't scare me, or impound the vehicle and do an inventory check of the entire vehicle, per my dept. policy.
          Last edited by 1RidgeRunner7; 02-03-2019, 01:32 PM.

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          • #6
            Doesn't particularly offend me, people have their rights for a reason. As a cop, I usually think everyone is hiding something or lying to me. Most my searches are PC based or inventory ones.

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            • #7
              I typically only ask for their "consent" as a courtesy and to minimize tension. I already have PC and the search is going to happen regardless of their answer.

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              • #8
                Im sure a good LEO after time gets a better gut feeling when to ask to search.

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                • #9
                  To me it does mean that the person knows the Constitution and The Bill of Rights. If I actually ask, and am given consent (or not) I'd still get a search warrant. As someone wrote above, if I ask, I already have Probable Cause to obtain a warrant. Consent just adds to the strength of the case.
                  Judge me by the enemies I have made----Unknown

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                  • #10
                    do the same PC rule go for a home as a car

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                    • #11
                      Originally posted by roadrunner5877 View Post
                      Good Day all, when someone refuses to let you search the car they are driving do you in the back of your mind think they are anti cop jerks or they are hiding something
                      Sometimes, requests for a consent search are made in the hope that the driver will refuse.

                      Often when cops ask for consent, they already have probable cause to perform a warrantless search. If the driver refuses, it is simply noted in the report and the search is conducted anyway.

                      When contraband is found, juries will interpret a driver's refusal for a search as consciousness of guilt (he only said no because his crime would be discovered if he consented). This is the icing on the cake that makes it easier to get a conviction.

                      Going too far is half the pleasure of not getting anywhere

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                      • #12
                        Originally posted by roadrunner5877 View Post
                        do the same PC rule go for a home as a car
                        No
                        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                        • #13
                          Originally posted by roadrunner5877 View Post
                          do the same PC rule go for a home as a car
                          Tonight's homework assignment: Carroll vs. United States (aka, The Carroll Doctrine, or The Automobile Exception).

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                          • #14
                            Is it finals already?

                            Are schools posting this site as a source?

                            Or is it simply the brutal cold - which, up here, we just shrug off.
                            #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                            Proud Dad of #54266 - RCMP - 2007-02-12 to date
                            RCMP Veterans Association - Regina Division member
                            Mounted Police Professional Association of Canada - Associate (Retired) member
                            "Smile" - no!

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                            • #15
                              I try to shrug off -30 degrees and almost get stuck mid shrug. Gotta love the cold...
                              Sergeant, US Army 2004-2009
                              Sergeant, Army National Guard 2009-2016
                              The opinions expressed above are not those of any official capacity or agency. Fix yourself.

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