Moderators: carlson1, Charles L. Cotton
Quire often they will immediately glance at the one place they don't want you to search. One of those many subconscious actions people do without even realizing it.Please explain. How does it save time?
[po-po scream]I can find 9 ways to give you a ticket.[/po-po scream]wrt45 wrote: I refused after a Highway Patrol officer out of Lubbock wanted to search my car. He had stopped me, saying my license plate light was out. It wasn't, but he wrote me a ticket for it after I refused his search request.
After receiving the ticket, I suggested to the officer that he get the name of a man who was standing there locking up the business where I pulled in to stop for the officer. I said, very respectfully, we'll need his name so he can testify to the fact that the lights are working just fine. The officer shrugged it off, but took no action, other than the ticket he had already written.
In the end, the judge dismissed the ticket without any hassles.
Once the citation is in your hands along with your DL/CHL/Insurance you are free to leave the scene. Even if the officer begins to ask you further questions you may leave. If he has PC he can search without asking. NEVER give up your rights. The situations you describe sound plausible, even drug dealers do not always know their rights.Trainman wrote:what about a response to the request to search such as this:
Q: May I search?
A: Why? What is the specific reason you have to want to perform a search?
I'm just throwing out the question because I don't know. Doesn't your question to the search request require the officer to state his probable cause justification for a search?
I saw a report on traffic stops in Florida and they were catching some drug smugglers by stopping them for a minor vehicle violation, letting them off on a warning. Just as the driver thought they were getting away with a warning, the officer would pop the question, "Oh, and may I search the vehicle?" They were caught off guard and consented and drugs were usually found.
The report stated after the warning was given and they were released, the probable cause for the traffic stop ended. The request for and consent to a search was unrelated and was a seperate event and was justified as a lawful search that did not require proof of a probable cause.
Just curious and was wondering what the experts think.
Good infoKBCraig wrote:Don't forget, you can revoke that consent at any time, and set whatever limits on it that you want.
If you give consent and then change your mind, speak up loudly: "Officer, I changed my mind. I do not give you consent to search."
You can also tell them that you're willing to be patted down, but they can't search your car. Or that they can look where you were sitting, but not in the trunk. Or console, for that matter.
- I wish I would have known that then... Once they started the search and my hands were being held behind my head, I figured I was stuck...