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I am not a lawyer but my sister is, and she is as liberal as they come.

Her advice - do not consent to searches, do not speak to police without a lawyer present. There are reasons for this but mostly because it can make her job (and your life) more difficult in the long run.

baldeagle wrote:

srothstein wrote:Correction on search. If the officer asks and consent is denied, he may still search if he has probable cause and a valid exigent circumstance. In most cases, the fact that a car is mobile is enough of an exigent circumstance to justify a search without a warrant.

Wow! I respect your opinion a great deal, but are you sure??? All the officer needs is the fact that you are in a vehicle to justify a search?

I believe you have to have both probable cause and exigent circumstance. One is met by the fact you are in a vehicle, the other is up for the officer to find, articulate, and convince a judge and jury of the validity of.

But you are correct, it doesn't take a whole lot, and don't argue on the side of the road. Tell them "I do not consent to searches" loud enough to be heard on camera, and then evoke your right to remain silent.

ETA - I am not a lawyer and this in no way represents legal advice. I do have a lawyer in the family, and she says the same thing.

Jumping Frog wrote:I am currently supervising my son as part of "parent taught drivers Ed", and had that very conversation with him this weekend while he was doing some practice driving.

Did that with my daughter, for some reason my wife declined. Anyway, she is coming up to a red light where she is going to turn right. I have to YELL at her to stop. She says, "What? Right turn on red, right?" I had to explain the "after stopping and ensuring it is clear before proceeding" part to her.

She hasn't had a wreck, but did get a ticket for 64 in a 55.

Also, something I have drilled into her head from a young age, “I do not consent to searches.”

Since you were not armed, his threat to take you to jail is meaningless. The officer needs serious remedial training for dealing with CHL holders.

As for searching your car, maybe you felt bullied into compliance because it sounds like the cop was a bully. However, say this out loud to yourself over and over until it rolls off your tongue as easily as your name does, “I do not consent to searches.”

Try it out loud, “I do not consent to searches.” “I do not consent to searches.” “I do not consent to searches.”

If the cop asks, “are you hiding something?” simply say, “I do not consent to searches.”

If the cop says, “I’ll just take a quick look and you can be on your way.” You say, “I do not consent to searches.”

If the cop says, “I can bring a dog here and if he alerts I will have cause to search.” All you say is, “I do not consent to searches.”

If they have probable cause, they don’t need your consent so they won’t ask. Otherwise, “I do not consent to searches.”