Leader

Collapse

Announcement

Collapse
No announcement yet.

when someone refuses to let LE search car

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • BlueLinerAZ
    replied
    Also to piggyback on "asking" even when there is PC and a game plan well formulated, it looks great on body cam that we even gave them a chance to cooperate willingly. Kindness along with looking great for a jury also just is a nice thing to do in general regardless of how much of an AH they might be.

    Leave a comment:


  • SgtScott31
    replied
    Originally posted by L-1 View Post

    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.
    What he said. Normally when my team asks they usually have PC already anyway.

    Leave a comment:


  • orangebottle
    replied
    Originally posted by roadrunner5877 View Post
    I know the smell dope or seeing something in car can be PC but is being nervous a reason for PC to search
    Nope.

    Leave a comment:


  • roadrunner5877
    replied
    I know the smell dope or seeing something in car can be PC but is being nervous a reason for PC to search

    Leave a comment:


  • darkhorse6
    replied
    I try to shrug off -30 degrees and almost get stuck mid shrug. Gotta love the cold...

    Leave a comment:


  • PeteBroccolo
    replied
    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.

    Leave a comment:


  • orangebottle
    replied
    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).

    Leave a comment:


  • Iowa #1603
    replied
    Originally posted by roadrunner5877 View Post
    do the same PC rule go for a home as a car
    No

    Leave a comment:


  • L-1
    replied
    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.

    Leave a comment:


  • roadrunner5877
    replied
    do the same PC rule go for a home as a car

    Leave a comment:


  • Zeitgeist
    replied
    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.

    Leave a comment:


  • roadrunner5877
    replied
    Im sure a good LEO after time gets a better gut feeling when to ask to search.

    Leave a comment:


  • not.in.MY.town
    replied
    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.

    Leave a comment:


  • NW121
    replied
    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.

    Leave a comment:


  • 1RidgeRunner7
    replied
    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.

    Leave a comment:

MR300x250 Tablet

Collapse

What's Going On

Collapse

There are currently 9263 users online. 435 members and 8828 guests.

Most users ever online was 19,482 at 11:44 AM on 09-29-2011.

Welcome Ad

Collapse
Working...
X