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Here's a general question for the Lawyers

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Spilleta

Junior Member
What is the name of your state? Pennsylvania

I love watching all the idiots on the show "COPS". No, not the Cops, the suspects. I love when they pull the car over and say "cam I search your car?" And they say..."ummmm.....yep". And they find guns, weed, whatever.

If a cop pulls you over and asks "Can I search your car", what happens if you say "No"?
 


ceara19

Senior Member
What is the name of your state? Pennsylvania

I love watching all the idiots on the show "COPS". No, not the Cops, the suspects. I love when they pull the car over and say "cam I search your car?" And they say..."ummmm.....yep". And they find guns, weed, whatever.

If a cop pulls you over and asks "Can I search your car", what happens if you say "No"?
That depends on the situation. If the police suspect you of having contraband in your car, normally a drug-sniffing dog will be called to the scene. If the dog "hits" on anything, there is then reasonable cause for a search and consent is no longer a necessity.
 

CdwJava

Senior Member
I suppose it depends on the state, but in most cases you ask for consent to search after you are finished with the citation. If that happens, then you run the very serious risk of an unlawful detention while you detain someone to wait for the dog.

In general, if you say "No", unless the cops can articulate some probable cause to justify the search, you are on your way. Or, the evidence seized stands a good chance of being suppressed.

- Carl
 

ceara19

Senior Member
I suppose it depends on the state, but in most cases you ask for consent to search after you are finished with the citation. If that happens, then you run the very serious risk of an unlawful detention while you detain someone to wait for the dog.

In general, if you say "No", unless the cops can articulate some probable cause to justify the search, you are on your way. Or, the evidence seized stands a good chance of being suppressed.

- Carl
'Round these parts, they typically ask for consent FIRST. That way, if you refuse, they have a little time to get the dog there while they check your DL and write out the citation.
 

CdwJava

Senior Member
ceara19 said:
'Round these parts, they typically ask for consent FIRST. That way, if you refuse, they have a little time to get the dog there while they check your DL and write out the citation.
That could expose the search to the claim that consent was not freely given. if the driver felt he had no choice but to agree, and was not free to go (the officer has his license and vehicle papers). It's not quite as clean as a free and voluntary search AND a practice of actually letting these folks go.

- Carl
 

outonbail

Senior Member
Wouldn't the actual reason for the stop carry some weight, as to why you would even request to search the vehicle in the first place.
For example, if the person was pulled over for weaving or driving irratically, yet they didn't smell like they'd been drinking or display the typical signs of being drunk. Would it possibly be an indication that the person may be under the influence of some other substance, which a search may reveal and so you then ask if you can search their vehicle.

As compared to stopping someone for not wearing their seat belt. Since searching the vehicle will certainly not uncover any more evidence of the driver not wearing their seat belt. So what reason would an officer even have for asking to search a vehicle in the seatbelt example?
 

CdwJava

Senior Member
Weaving - by itself - is not going to be sufficient cause to justify a search of the vehicle. The weaving in conjunction with the odor of marijuana from the car, and, perhaps, the driver's bloodshot and watery eyes with slurred speech would be good cause.

- Carl
 

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