How can i get police to stop searching my car?

Question

Dont get me wrong i have respect for the police im not trying to talk bad about them but i feel somewhat harassed. I was stopped the other night and the cop just pulled me over because my headlights were off by accident. My DL, insurance and registration (expired but in the mail) was all in order. he then asked if anything illegal was in the car and i said no. He then asked if he could search it and i said why and he said if theres nothing illegal then you have nothing to worry about. I found it hard to argue with this reasoning even though its unconstitutional. He searched for 30 minutes while i stood there nervous the previous owner had left a crack pipe or something stashed away somewhere. how can i avoid this situation in the future?

Answer 1

when I buy a used vehicle, I clean and vaccum it top to bottom.

also, have the registration checked by local law enforcement to see if it is on a "hit" list. to explain, when a vehicle is involved in a felony incident, this information is noted in NCIC

(national crime information center). when that vehicle is later tagged and ran thru the system, this info pops up arousing suspicion.

you do know that your insurance would not have covered you in any way simply because you were operating a vehicle with expired registration.

Answer 2

Keep calm, but firmly state "I do not consent to any searches".

Answer 3

"how can i avoid this situation in the future?"

Well, to start with, you could turn your lights on when they should be on!

As for the search, my recommendation is to say firmly and politely "No, you may not search my car without probable cause. Do you have probable cause?" His or her answer to that question will be "No." because, if he or she did have probable cause, they would not have asked you for permission in the first place. They have NO BUSINESS searching you or your vehicle without probable cause.

Answer 4

Keep your headlights on when it's dark.

Answer 5

THE EASIEST WAY TO STOP A "CONSENT SEARCH" (NOT UNCONSTITUTIONAL BY THE WAY) IS TO.........NOT GIVE CONSENT.  KIND OF SELF-EXPLANATORY ON A CONSENT SEARCH.  OH, AND TO THE IDIOT ABOVE ME, REFUSING CONSENT IS NOT PROBABLE CAUSE FOR A SEARCH, IT IS YOUR RIGHT TO REFUSE CONSENT.

Answer 6

"I do not consent to a search"

"He then asked if he could search it and i said why and he said if theres nothing illegal then you have nothing to worry about. I found it hard to argue with this reasoning even though its unconstitutional. "

Your reasoning is that you still do not consent to a search, and that you are in a hurry.  Am I free to go?

Answer 7

Keep your lights on at night.

Keep your paperwork current.

Don't consent to a search.

Answer 8

You gave consent to search.

I would recommend not looking and or acting suspicious. Like it or not IF your blasting gangster rap we think we might have a drug dealer. Dress neatly, no baggy gangster pants, obey traffic laws, get rid of the spinners, if you can blow 4 grand on rims you don't have a legitimate job, stay out of shady neighborhoods at midnight, etc. etc.

No It isn't Racial Profiling. It is the totality of the circumstances and the supreme court has upheld the legality of it. Any combination of factors that give the officer reasonable suspicion can be used.

Answer 9

Don't give them a reason to stop you!

Answer 10

A consent search is not unconstitutional. You waived your constitutional protection when you agreed to the search. Next time, simply tell him no, and ask if you are free to leave. It is that easy.

As mentioned in other answers, the easiest way is to not get pulled over in the first place. A car without lights is begging to get pulled over.

Answer 11

He talked you into allowing him to search. Nothing unconstitutional about that. He could have told him to stop the search at any point. If you flat out denied, then there was nothing he could do. Or if he did, any contraband would be tossed out of court.

Despite what people say, don't ask stupid questions like "Do you have probable cause" when any officer asks to search. If he had probable cause, he wouldn't have asked. Playing roadside lawyer will only p**s off an officer (even a respectful, well intentioned one). Just firmly, but politely deny his request to search if you don't want him to search.

Answer 12

Definitely don't give up your rights by consenting to a search. The police will treat you like c**p after you say no, but you do NOT have to consent. They will threaten to call a K9 unit sometimes, and sometimes will. If the dogs alert on anything (meaning they smell something suspicious, or most usually, the police said or did something to make them bark) they will search your car anyway. If you don't have anything to hide, no big deal, it just takes a lot of time. But at least you didn't give up your right to say no. Sometimes when you say no, they may just let you go.

Answer 13

If you refuse, and they suspect,they will only radio for the K-9 unit to sweep your vehicle.If the dog alerts on something then they have reasonable cause to do a full search with or without your permission.Although if the dog doesn't alert on anything then you will be on your way.

Answer 14

First you gave him permission. In order to search your vehicle without your permission he must obtain a search warrant.That means contacting a judge to sign the warrant. He also has to have probable cause. Even if you know there is nothing to be found in the vehicle demand a search warrant. Since he wanted to search the vehicle he had to have a reason to believe he may find something.

Answer 15

Don't buy car's from crack users.

Answer 16

What trooper3 fails to tell you is that by refusing to allow him to search your car, your giving him just-cause to search it anyways.

Answer 17

Dont' give them any reason to pull you over.

Answer 18

Don't disobey the traffic laws and cops have no probable cause to stop you. Always make sure you have cleaned your car of all your drugs, and above all if you know you are clean always refuse consent to search just to be obnoxious.

Answer 19

You're so full of **** with that line about the previous owner maybe having left a crack pipe in your car and you know it.  Beyond that you can say no if you want to.  You do not have to give consent to search.  Bottom line.....clean out your car then clean up your act and turn your headlights on.