What would YOU do?

[ferriscj24]

Another scenario brought up in our Criminal Procedure class...here it is...

You pull over a car for a simple traffic violation. You run all of their information, everything is clear and valid. You decide you are going to give a verbal warning. While you are on patrol, you are also on a drug interdiction type detail. After giving back the papers, you ask them if they have any drugs in the car, and they say no. You ask to search, again they say no. What do you do? You cant be shown up like that?

Or in any other consent search situation, you want to search a vehicle, and are told no, obviosuly they must be hiding something otherwise theyw ouldnt have said no, but that alone isnt enough. Maybe they are just in a hurry or dont want to deal with it. Are you going to let that citizen show you up? thoughts?

[USArmy83mi]

"obviosuly they must be hiding something otherwise theyw ouldnt have said no"


You've got to be kidding. An individual invoking their rights is not indicative of guilt.

[cecilVA]

Yep that is a STUPID scenario. "let a citizen show you up?" Talk about a loaded question. If they say 'no' then you won't be searching them unless you have PC. Any innocent person will automatically let an officer search their car? Ridiculous.

[rdp]

Ya....let's show the citizen who is boss by violating their rights........

They have their stuff and they say no....away they go. The investigation and stop is over.

[Orleander]

As a civilian. I would say no. Not because I'd have anything to hide, but because I'm in a hurry. Hence, the speeding.

[cecilVA]

Ya....let's show the citizen who is boss by violating their rights........

They have their stuff and they say no....away they go. The investigation and stop is over.

Exactly. An "investigation" involves "investigating" and finding "clues" which then allow the police officer to "legally" search the car. Can't just go searching anybody's car because there "might" be drugs in there. That damn constitution and its amendment about search and seizure. Pesky thing makes cops have to actually WORK.

HOWEVER, if you go onto a military base your vehicle can and will be searched and there isn't anything you can do about it. They may ask but they don't care if you say yes or no, your car is getting searched.

[Toeknee112]

Silly scenario!

[Lfpdlieu302]

Another scenario brought up in our Criminal Procedure class...here it is...

You pull over a car for a simple traffic violation. You run all of their information, everything is clear and valid. You decide you are going to give a verbal warning. While you are on patrol, you are also on a drug interdiction type detail. After giving back the papers, you ask them if they have any drugs in the car, and they say no. You ask to search, again they say no. What do you do? You cant be shown up like that?

Or in any other consent search situation, you want to search a vehicle, and are told no, obviosuly they must be hiding something otherwise theyw ouldnt have said no, but that alone isnt enough. Maybe they are just in a hurry or dont want to deal with it. Are you going to let that citizen show you up? thoughts?

regardless of the "contempt of cop" if they say no, its no. period. a person denying consent to search their car is not enough to warrant you getting in. although you may know they have something, and they may know you have something, you still cant go in.

[USArmy83mi]

HOWEVER, if you go onto a military base your vehicle can and will be searched and there isn't anything you can do about it. They may ask but they don't care if you say yes or no, your car is getting searched.

Either that or you can turn around and exit the post. It's just like the polygraph in that you have the right to refuse to take it... you just won't get the job.

[rdp]

Well.....the scenario has nothing to do with obtaining enough evidence to enter the vehicle. It is all about consent.

If you get consent, you can search everyone's car.

[metallicat]

But why would he/she be asking to search the car? If there is knowledge on the part of the police officer that there might be drugs in there, and the guy says no, can he not get a drug dog to sniff the situation out? (I don't know about this, I am just trying to learn why the cop HAS to accept the answer given if he has a reasonable suspicion of a possibility of drugs.)

[rdp]

Once you give the stuff back and the stop is over, you can't hold them there waiting for a drug dog if they refuse to wait or consent for a search.

If you have the RS, you aren't going to let them just go away......you are going to wait for a dog ---depending upon the local court rulings concerning the time for an investigatory stop. We have up to 60 min......this gives us plenty of time.

[ferriscj24]

I get the point, although I probably should have said the opinion I voiced in class, and that was the same as what you guys are. They say no, its no...if there is No PC then there is no search if they refuse, and my instructor snapped back with "your going to let them show you up"? And i just sat there, which is why i am asking on here your guys's opinion, thats all...im getting the vibe from some people here that this is something i "should have known" cut me some slack, i had the same response, im just trying to see how to respond back to the instructor,....Sorry

[Oldbillplod]

Are you going to let that citizen show you up? thoughts?

Damm no, you are going to beat them to within an inch of their lives, that'll teach them for cheeking you :D

[cecilVA]

No worries ferris, sounds like your instructor might be trying to bait you into saying something stupid. That scenario is pretty amateurish for anybody with even the simplest understanding of the constitution. Stick to your guns.