What happens if you do not give consent to searc in a traffic stop?

Question

What happens if you do not give consent to searc in a traffic stop?

Answer 1

If you do not give consent, then you should be released, unless there are other circumstances.

Warrantless searches have been upheld by the US Supreme Court, but only when the officer can articulate a reasonable suspicion the search will turn up something illegal.  The landmark case in vehicle searches is Carroll v. United States, commonly called The Carroll Doctrine.

In Carroll v. United States, the Court ruled because vehicles are mobile, and because there is a lesser expectation of privacy when on a public road, the officer can perform a search, without a warrant, if he has a reasonable suspicion the search will turn up something illegal.  This is a lesser burden of proof than probable cause, the standard for searches outside a vehicle.

Officers may have a legal reason to search, but will still ask for consent to give the owner the option of being cooperative.

Answer 2

I'm not positive, but I believe the 4th ammendment gives you the right to deny the search.  However, in most cases, if the officer feels he can obtain a warrant (in other words, he smells drugs etc.) he does so.  It may be different in some places.

I found this to be an interesting article:

http://www.patc.com/weeklyarticles/vehic...

Answer 3

Now if they ask you for consent and you do not give them an OK,  the next step an Officer will do is notify his supervisor of the situation.  First of all, if they would have searched without your consent, they would have violated your civil rights or 4th amendment.  In The 4th Amendment it guards against unreasonable searches unless there is probable cause to support the search(Illinois v. Gates 1983).

Answer 4

If you refuse consent to search then the officer cannot search without probable cause.  If he sees something through the windows in plain view or smells something like marijuana, then probable cause is established.  

Additionally, if there is reason for arrest without searching the vehicle (there is an outstanding warrant for your arrest, for example), then the interior of the vehicle can be searched incident to the arrest.

Otherwise, if you refuse consent, the traffic stop must be conducted in a timely manner.  Case law has generally established a time limit of 15-20 minutes to complete a traffic stop.  What this means is that while he is in his car filling out a ticket, he can radio for a canine officer.  If the canine arrives within the timeframe, it can circle the vehicle for narcotics (this is not considered a search).   If the dog "hits" on an area around the car, that then gives the officer probable cause to search your vehicle without your consent.

Answer 5

If they have a legal reason to search without your consent they will search. If they don't have a legal reason and they needed your consent it shouldn't be searched. But its really not that hard to come up with a legal reason.

Answer 6

First, be prepared for a long wait with the officer while a drug dog is called for. Once the dog gets there, it will sniff the car. If it "sets" on a smell, thats "probable cause " and they search. If not, while the cop is waiting, he will write you a ticket for everything he can find wrong with your vehicle.

Answer 7

The police officer has to notify his supervisor.  You have to wait there until a supervisor comes to the scene.  If you continue to refuse, the supervisor has to get a search warrent...while you wait right where you are.

Getting the police mad at you is not a good idea.

Answer 8

Just to add I see this a lot and i'm not sure how it is in the other officers states, but I know here in Florida its not searching incident to arrest when its done on a vehicle. Your allowed to search a person incident to arrest but only "inventory" a vehicle. If we head to trial and I've seen this happen, if you say that you searched that vehicle incident to arrest when you testify or if its in your report, everything that you've just found in that vehicle is now thrown out. It's a bummer and something that gets drilled into rookies a lot here.

Answer 9

If you dont give consent then you are clearly breaking the law

Answer 10

if they have probable cause, they search you. if they don't have probable cause, and you tell them no, well now you must be "hiding something" so surprise! probable cause. either way, you're screwed man. trust me, i've been through this c**p plenty of times, and in my experiences, there's no such thing as civil rights when it comes to cops, at least with the Macomb County Sherriffs, where I live in Macomb, Michigan. they do what they want, when they want.

Answer 11

I keep rat traps under the seats and let them search all they want, nope, no guns, knives, nuclear weapons nothing that will stick or poke you, might break your fingers though.