First off, thank you for your service.
What does that have to do with what I posted? I was talking about how to non-aggressively assert your rights. If they violate them, take it up in court.
Well, you are responsible for everything in the car, including the people. If they have drugs, you can be charged with it. That is the law. Don’t blame the police for enforcing the laws, they don’t write them, your legislature does.
Blame is for God and small children. I have a legal protection from unreasonable search and seizure - God Bless the USA for that - and I have no intention of giving it up all my legal protections. And the fact the police can get me dead to rights for something I have no control over is all the more reason to not allow them to search.
All of the advice he gives is sound, but I can’t get over the arrogant tone set by the headline.
Yes, but if the owner of the car does not consent to police searching, it should never come to that point. Its a shame police have ways around civilian rights like this…if an owner of a car says no search, that should be the end of it, police should be required to leave at that point…What good does it do for us to have rights, if police have ways around if they deem it necessary?
Well if the issue is the rights and their abuse you still have recourse to legal action, thus NYC. So it does good to have the rights. What good does it do that you may catch an injustice in some rare hypothetical situation? I think the idea is as everyones been saying, you should conduct yourself respectfully. In other words I don’t think its any secret why they do what they do. Trust the system is the solution, just as with everyone else. They don’t wake up and decide to go harass the local citizens. Still, with the warrior mentality you may have to be the bigger person and be submissive and quiet. Its probably best for everyone.
All the dog can do is sniff outside, which is not a search, it can not enter the vehicle. However, a prolonged stop to bring a dog out could turn into an unlawful detention. Depends how quick they can do it, as the USSC has stated a traffic stop must take no longer in time then to effectuate the original purpose of the stop.
What many people forget about is just because you are not free to go doesn’t mean you are under arrest (I am speaking from the point of view of Georgia Law, other states may vary)Of course. That is why refusing to allow a search always has to be followed up with, “Officer, am I free to go now?” The officer may try to extend the encounter until he can get K-9 units or bully you into allowing a search. Just politely repeat, “Officer, am I free to go?” At that point they can arrest you or let you go. But of course they will never just respond to a refusal with something like, “Very well, law abiding citizen, you are free to go now.”
It depends, cars have a special set of rules because they are mobile and it would be easy to destroy any evidence within. This is different than say a house where an officer can take the time to secure a search warrant which requires probable cause.
I think it is a good question to ask because it sets it puts the cop on notice that he or she is being watched. If you become too passive that is when you get taken advantage of.
Oh of course. I was more talking about people such as in some YouTube videos who keep asking it over and over again like it changed in the past 3 seconds. But sure by all means if you have been sitting there for a awhile sure go ahead and ask.
Personally, I dont think Id even allow them to run the dog around the outside of the car, thats still a search, just on the outside of the vehicle, Im not a lawyer, but I would think any lawyer would tell someone NOT to allow ANY kind of search. Theres no telling if what that dog is going to do.
Probable cause is not a way around people’s rights. It is simply a law that a legislature has enacted. If you don’t like the law, take it up with your legislature. The police don’t make the law, they enforce it.
Well, you have no choice in the matter because a canine sniffing around your car is not considered a search, at least not in most states. Again, if you don’t like the law, take it up with your legislature.
Here’s a good video for your kids to watch as they get to driving age:
Note you said unreasonable search and seizure. You do not have a legal protection from reasonable search and seizure. What is reasonable and unreasonable is up to the courts to decide.
The real purpose of the dog after someone has refused consent is to try to get probable cause.