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Cops can't search unless you are free to leave

Discussion in 'Experienced Cannabis Enthusiasts' started by aze, Nov 27, 2006.

  1. I recently heard that legally you cannot give police consent to search if you are not free to leave. The idea is that it's some constitutional right to prevent cops from saying "I'll let you go if you consent to a search". So if a cop is trying to get you to give consent to a search, then that probably means they don't believe they have enough evidence to arrest or detain you, and you should ask if you are free to leave. If so, then just leave.

    This is cool. But it almost sounds too good to be true... has anyone found themselves in a situation where a cop was trying to get them to consent to a search, but the officer also said they were not free to leave? Because that would blow this idea to hell.
     
  2. A cop can detain you until you allow them to search. They can detain you all they want.
     
  3. They can't force you to allow them to search your car. But what they can do (and most oftenly do) is call a K-9 unit and have it sniff the perimeter of your car for drugs (which is 100% legal to do). If you live in a small town then you might be lucky and get away if there is only a few cops. My friend once got pulled over here in San Diego (big city) and they radioed for a k-9 and there wasn't one available so he was let off (of course this was at 2am)... you just gotta be lucky
     
  4. BTW, the source where I heard this was:

    http://www.k9fleck.org/nlu01.htm

    which seems to be a pretty well researched legal site, intended to be used by those canine officers who need to know the law.

    In a traffic stop situation they can detain you for however long it takes to do the traffic stop, and if that involves getting canines out, they can apparently do that. But if it's not a traffic stop or you are not in a vehicle, it's useful to know this little trick... if they ask for consent to search, that should be your cue to ask am I free to leave.
     
  5. this reminds me of an episode of COPS where a teenage girl gets pulled over and questioned.. she is asked if there are any illegal items in the car, she of course says "No". Then finally the cop says, "you are free to leave...but once again are there any illegal items in yor car?"
    the girl says, "No officer, you can search my car, there is nothing illegal!"
    so the cop goes to directly to the car and immediately grabs a paper bag with a big ball of coke in it, and the girl pulls another bag of weed out of pants. Whata fuckin idiot.
    If you are ever "free to go" just say "thank you officer" and LEAVE.
    haha
     
  6. Plus, it's on tape and all of America is laughing at her dumb ass..
    :D
     
  7. Police have to have "Probable Cause" to search your vehicle. Like smell the odor of pot or see paraphanelia in plain sight. Won't search me without a warrent.
     
  8. Look, just make life real real real simple and keep ur shit at home/work. If you have nothing THEY have nothing so just let them look in your car for 3-5 mins and then you bounce. Now if you DO have shit in your car, and they ask if they can search, just say no I'm already late for wutever like work/school/date/funeral???WUTEVER! If they are asking, it's only b/c they don't have enough probable cause. If you do say no, be prepared for a K-9 to visit you unless they are all held up on other calls.
     
  9. No Freakin Cop is going to search my vehicle or my home without a warrant. Holding or not. It's my [ours] Constitutional Right.
     
  10. man... are you people ever living in the past!

    1. these days, cops use your refusal to to let them search whatever, as suspicious and in of itself "probable cause" or at least in one particular case i was reading about

    and

    2. the patriot act which OFFICIALLY rescinds pretty much ALL of your constitutional rights. has no-one here ever heard of it? the general premise is that "the greater good" is more important than your constitutional rights. have you NEVER heard of guantanamo bay? many people are being held there for months, even years, without EVER even being told what they're even being held for. screw US law... that goes against the larger geneva convention!

    i DEFINATELY believe you should deny any officer the right to violate your privacy (consent to a search) but don't count on that to save your butt anymore.

    don't count on the old "are you a cop?" question to protect you from entrapment either! right on cops, some prostitute asked the question (to the guy dressed as a clown if memory serves me right) and was still arrested ON TAPE after whoever said no and entrapped her.

    anytime time the government wants to make an example, your butt is screwed... deal with it. these days, the constition is "void and prohibited wherever we say so". don't think that such incidents are random "small time occurences" either. heck, look at how ken starr (who's been caught lying in auto & tobacco cases) totally broke the law by using ILLEGALLY obtained secret tape recordings (which theoretically would be tossed out of any court case and INSTANT grounds for a retrial/appeal... as a lawyer, he KNEW BETTER, but he still got away with it) to go after THE FREAKIN' PRESIDENT while the whole country watched and NO-ONE did anything.

    come on people... accept reality. the law only protects you when the people wielding it obey it themselves. at ANY TIME, a cop can rape you with a plunger on camera and get away with it. that is the real world.
     
  11. This is straight from my criminology prof who was a cop for 30 years and chief of police for 10. A cop can search you or your car if he believes that the search is reasonable. So if it smells like weed in the car, your gonna get searched, if your eyes are beet red, your gonna get searched, if he sees an empty baggy on the ground, your gonna get searched. Basically if a cop has any reasonable suspicion that you have been smoking weed you probably will get searched. And if they dont have any reasonable suspicion they can just as easily make one up and the judge will believe them 10,000 times before he believes you. They cant however search your trunk or your house without your consent or a warrant.
     

  12. That sounds about right to me.

    Cops have way too much power as individuals, and so many of them tend to be extra suspicious of anybody that doesn't fit the mold of a caucasian working class person.
     
  13. ive been pulled over 2 times in the last 2 weeks because my one tail lights kinda out and they always harrass me about looking high just because im naturally chill, each time they've corherced me into "telling the truth" and saying i smoked recently when in reality i was just tired and smoke a lot every other day

    they were threatening to take me to the hospital and blood test me and shit which i know they can do because ive seen it happen to some buddies of mine thats why i just said i was blazed and they made me call a ride and someone to drive my car back to the crib..


    i got lucky on both occations and there havent been any charges filed or fines or any of that bullshit, but it woulda sucked to been handcuffed in a hospital while they stuck me with a needle finding out that i smoke mad trees and possible ate xannie or two...


    gotta get that fucking tail light fixed so they stop harrassing me.
     
  14. What constitutes porbable cause to search a car or home? Smell and paraphernalia or weed in plain sight are obvious. What else is there?
     
  15. Probable cause to search a car is anything that a cop wants it to be. They can simply say that the driver was acting fidgity so they were suspicious that something was in the car. They cant search a house with probable cause though, they need a warrant.
     

  16. yeh the cops claimed my eyes looked glossy or some bs, they can use basically whatever they can pull out of their ass.
     
  17. again... you really need to read up on the patriot act

    the old loopholes no longer aplly. at any time, law enforcement can legally bust your down WITHOUT a warrant. there's some sort oif provision that they can get a warrant after the fact if they believe that waiting for a judge to issue one can ruin their chances of catching someone in the act.

    and just like someone said in another thread, cops will use the "not without a warrant" reply as a probable cause to bust your door down and tazer you!

    just because there are laws that are supposed to allegedly protect you doesn't mean that cops themselves will follow them. they break laws left and right and get away with it 99% of the time.

    eg. a woman called the police about some serial killer who'd drilled a hole in the head of a 14 year old asian boy and put acid in his skull. the police showed up and had a laugh about the guy's drunken byfriend and despite the woman who reported it trying to convince them to investigate further, they left. a feew months later, the killer WAS caught. the woman came foreward to the press which aired the phone conversations and her getting blown off. there was a public uproar and a demand for their badges. what happened? they were voted cops of the freakin' year!!!

    i just looked it up... it was jeffry dahmer. i kepth thinking john wayne gacy, but he was the chubby clown.
    http://en.wikipedia.org/wiki/Jeffrey_Dahmer
    read the chapter titled later murders

    any time a cop wants to break the law, you're screwed. uh... gee... ever heard of a cop planting evidence? never heard of the widespread police corruption scandal in LA?
     

  18. heh everytime me and my bro wtch cops and they pull over more than 3 black people there is always this small dime bag of crack recovered and the people look pissed as hell at being set up.
     
  19. oh no! you're mistaken... they have to be crackheads. are you implying that cops are profiling? i'm shocked! that's illegal you know.
     

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