Cops...Legal?

[str8`2`da`d0me]

I live in Michigan, and one day i was pulled over driving home from work. I didn't have my license on me so the cop immediately pulled me out of the car for a "safety check" as he called it. Nothing on me and nothing in the car FYI. Pats me down, then he puts me into the back of his car and starts searching
my car. NEVER GAVE CONSENT.
He then gets in the front seat of his car and gets my name address etc... and i ask him why was he searching my car when i never gave him consent and i did not want him to search my vehicle. LOL even though i didnt have anything with me i still love to bust their balls. he then tells me that when i stepped out of the car by leaving my drivers door open that i implied consent...WTF is that shit. the door was cracked 5 inches MAX.
Can he do that. By the way the only thing he found from the search was papers which he gave me an extreamly hard time about especially since i was 17 at the time, and i got a $155 ticket for expired tags, and a $110 for not having my license.

[SuperMonkey26]

I've been searched a few times in the past for not having tags on my car, that might be consent right there but I'm not sure.

[SuperMonkey26]

errr....I meant to say problems with tags and drivers license might lead to consent. Damn, it's early, wonder if I'm making any sense. Oh well, off to work.

[flyhalf87]

Originally Posted by str8`2`da`d0me

I live in Michigan, and one day i was pulled over driving home from work. I didn't have my license on me so the cop immediately pulled me out of the car for a "safety check" as he called it. Nothing on me and nothing in the car FYI. Pats me down, then he puts me into the back of his car and starts searching
my car. NEVER GAVE CONSENT.
He then gets in the front seat of his car and gets my name address etc... and i ask him why was he searching my car when i never gave him consent and i did not want him to search my vehicle. LOL even though i didnt have anything with me i still love to bust their balls. he then tells me that when i stepped out of the car by leaving my drivers door open that i implied consent...WTF is that shit. the door was cracked 5 inches MAX.
Can he do that. By the way the only thing he found from the search was papers which he gave me an extreamly hard time about especially since i was 17 at the time, and i got a $155 ticket for expired tags, and a $110 for not having my license.

not saying anything at all counts as consent, you should say that you dont give consent right away, even if he says hes allowed to (dont physically try to stop him), this way if any part of the search is illegal at all you can say you didnt give consent when you kick his ass in court

edit- thats what it is in california but im pretty sure its the same everywhere (as far as saying you dont give consent if a cop tries anything, so you can make sure you cover your ass as best you can)

[Floydian]

The thing is about cops in Michigan... even over other places notorious for it...

Cops here tend to do what they want.

And even if they don't technically get away with it always (beyond more often than not, you'd get laughed out of court,) they never get more than a lecture.

Even less surprising if you're from the U.P.... and if you're not, consider yourself lucky.

[TheNightGoes90]

He's right.

When you step out of your vehicle, if you leave the door ajar and fail to indicate that you do not consent, you've implicitly consented, especially if the officer indicated that the sole reason he's asked you to get out of the car is to conduct a search.

I know it seems a bit sketchy, but that's the law.

From now on, make it abundantly clear that you do not consent to any searches before officers have a chance to begin. Also, make it more difficult for them by locking your doors when you exit the vehicle.

Keep in mind--I'm not advocating that anyone who is in the process of being arrested attempt to do this. Nor should anyone who has given an officer probable cause to suspect that he has committed a crime. When you're in a situation where law enforcement has no reason to suspect that you're under the influence, however, you have every right to refuse to consent to a search.

Cooperate with the officers as much as you can, but explicitly refuse consent to a search if you're in a situation where doing so would be appropriate.

Stay safe, dude.

[Doc.J]

When you step out of your car, close the door and lock it. Do not hand him the keys.

If he asks why you did it, just say it's habit.

That way he physically has to ask you to search the car.