An officer pulls you over and asks if he can search the car

Question

I have a right to say no, right? What will he do if I say, "no, unless you have probable cause."?

Answer 1

It is unfortunate that a "no" answer can be considered as "probable cause" for that same search in half the country. I personally want the system to work, and observably this may be a distant goal. Regards, Larry.

Answer 2

I've always wondered about this myself, if a No answer will lead them to search my car under probable cause. I saw this video a person had filmed once where a police officer asked if they could search his car. Rather than saying Yes or No, he kept asking questions. Why do you want to search my car? Am I being accused of something? He just kept repeating the questions over and over until they finally told him he could go. Without an answer there was nothing they could do. That would be my advice. Just don't give a yes or no.  

Answer 3

it's a catch-22 situation.  it can be either you let them go on a fishing expedition, or they can impound your car and wait  and get a search warrant.  this will keep you stranded for quite a while.

i suspect that the police would not go to the trouble of  getting a search warrant unless the driver had a record of drugs or some other criminal activity.

so,  if you have a clean record,  it might be OK to call his bluff , say no to search, and force him to decide what to do.  he will be mad about it though.

Answer 4

this type of search is called "consent to search" and you have every right to deny the search.

what can happen if you won't give an ooficer "consent"? in some jurisdiictions (selby co., tn was handling it this way-i stress was, because i don't what they do now), if you don't give an officer "consent", a narcotics k-9 could be called to the scene. if the dog gave a positive indication that narcotics were in the car, that was considered "probable cause" and the car was searched. i didn't say it was right! in other jurisdictions, if you refuse to let an officer search your vehicle, that's the end of it and they let you go.  it really depends on the jurisdiction, as to what happens.

don't everyone come down on me. i gave an example of what could/was happenning. i never said,  i thought it was right.

Answer 5

When they ask you for permission to search your vehicle, 9 out of 10 times they have no probable cause or even reasonable suspicion that you have contraband inside your vehicle. Always say no! Furthermore, if you are in the habit of carrying "contraband" around with you, hide it. Cops score big time when operators of a vehicle (or even passengers) leave guns, drugs, etc. out in the open (Plain View Doctrine). When this occurs, they don't need your permission to do anything.

Answer 6

GO HERE:

http://www.flexyourrights.org/traffic_st...

It pretty much sums it ALL up.  If you say no unless you have probable cause, he'll find some.  Just say "No Sir, I do not consent to a search."  Be polite and answer questions until he starts going on a fishing expedition.

Answer 7

You do have the right to say no.

But you do not have the right to say no to a court order, which would be the next step.

Logic behind that court order is that you "refused to cooperate with a reasonable request by a peace officer."  

If a cop wants to search your car during a stop, he's going to search it.  May as well save yourself the hassle of having to sit there for hours while they go through the process.

If you have nothing to hide you have nothing to fear.  *shrug*  Most people don't get asked that question, btw.

Answer 8

You might be better served to ask him, "What's your probable cause?"

If you tell him outright, "No." he will likely manufacture probable cause, and likely as well manufacture "evidence" he will use to arrest you.  Cops do not like hitting constitutional obstructions.

And "reasonable suspicion" is not enough to justify search without consent.

And, yes, constitutionally, you are well within your rights to refuse search without a warrant.  I would never allow it.  I will never again help a cop make his case against me, and God help the cops who tries to manufacture a case.  I would not be satisfied with less than his job and criminal charges against him with conviction to follow.

In response to the "if you have nothing to hide, you have nothing to fear" doctrine, BULL!  I have made it no secret I have a previous conviction.  Non-violent.  Every traffic stop I have had since I was released has been at the point of a gun.  I have nothing to hide.  I have everything to fear because of a previous conviction for which I have paid my debt.  So to those of you who think cops are here to protect you and your rights, good luck when they decide they don't like your looks for whatever reason they decide that.

Answer 9

They'd make up some BS reasonable suspicion excuse & search your car anyway.

Answer 10

Never consent to a search even if you have nothing illegal. If he has you get out of the car make sure you lock the car after you get out, that way he can't just open the door.  

Answer 11

Probable cause can be made as readily available as the officer needs, "he was nervous, he fit the profile..."- unless you have a lot of money to hire a good lawyer if you get caught with something or the cop missteps you pretty much have to let him look- its' a CATCH 22, if you say no they will have probable cause, if you say yes... they will search in any case.  

Answer 12

You hav a right to not have your car searched without consent or without a search warrant.

If you don't consent, and the officer otherwise has consent to arrest you, he can have the car impounded after your arrest and searched pursuant to what's known as an inventory search.  The catch is, the his department must have clear procedures for this search and he must follow those procedures to the letter or any evidence recovered will be thrown out.

If you do consent, a search must follow the limitations reasonably expected by the consenter - which means that if he tears the car apart, the evidence recovered from that search may still eb tossed if the consenter didn't expect a "French Connection" style search.

Answer 13

YES YOU DO HAVE THE RIGHT TO SAY NO, BUT IF YOU DO SAY NO MAKE SURE HE HAS NO PROBABLE CAUSE. ANOTHER THING IF YOU DO SAY NO IT WILL RAISE SUSPISIONS AND BE PREPARED FOR HIM TO GET A WARRENT IF HE IS THAT ADDEMENT ABOUT IT. HE WILL KEEP YOU THERE UNTIL HE GETS ONE AND HE HAS THE RIGHT. JUST BE POLITE ABOUT IT AND IF THERE IS NOTHING TO HIDE WHY NOT JUST LET HIM SEARCH IT? IF YOU BE MEAN ABOUT IT SO WILL THEY. SO JUST BE CAREFUL AND GOOD LUCK