what if i am pulled over and dont want my car searched.?

Discussion in 'Off-topic' started by inFEKTid, Oct 23, 2010.

  1. inFEKTid

    inFEKTid Member

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    just a question . if i am pulled over and they ask to search my car ( because i live in THAT kind of area) what will and or can they do. will i have to get my car out of impound ,they cal the dogs out or what most likely will happen, any ideas.
    and no there is nothing in the car just "dekalbs finest "doing there duty"
    not hating on cops by the way . its a hard job and they cant trust everyone.
     
  2. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    Simple: if they ask to search or start to search without asking, politely let them know that you don't consent to a search and, while you're at it, ask them if your free to go.
     

  3. inFEKTid

    inFEKTid Member

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    not trying to get to in depth but its really not that easy sometimes. there's usually a bit of harassment that goes along with it like , well if u don't we have to impound your car-take it apart and then u can get it back. yes i have heard that before as a passenger. or we have to cal the dogs in to search the outside. same as above as a passenger. scare tactics i know now that i am older but was just asking that if i did say no. is there really anything that they can do . .. other than call a dog to sniff about..
     
  4. Adam5

    Adam5 Atlanta Overwatch

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    IANAL, but IIRC,

    They need either your A) your permission, B) Reasonable Articulable Suspicion that you have or are about to commit a crime, or C) a warrant, before they can search your car.
     
  5. Adam5

    Adam5 Atlanta Overwatch

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    IANAL, but IIRC.

    A roadside search or a search at the police impound lot are the same thing. They have to have a legal reason to impound a car, just like they they need a legal reason to search one. They can't just impound it to impound it.
     
  6. inFEKTid

    inFEKTid Member

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    adam5 that was a good answer , you are smarter than a 5th grader!! lol that what i was sort of thinking but for some reason could not think of it tonight.. . sort of like the no loitering rule over here no siting outside. but yet they tell folks to go inside and they do it because they are the law. a later question ........already know about O.C.G.A. § 16-11-36 (2008)
    § 16-11-36. Loitering or prowling. thnx 4 that answer tho..
    :righton:
     
  7. RedDawnTheMusical

    RedDawnTheMusical Well-Known Member

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    The can call for a k9 unit to sniff - I personally don't know what level of reasonable suspicion or probably cause, if any, they need for that. However, they are not supposed to delay you an 'unreasonable' amount of time in doing so. The police may not like your denial of search and they may not be friendly about it, but it is hard to get around your constitutionally guaranteed rights.
     
  8. Adam5

    Adam5 Atlanta Overwatch

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    Don't forget that the courts have ruled that the mere presence/carrying of a firearm is NOT considered R.A.S. to search the vehicle without a warrant or your permission.
     
  9. AEKDB

    AEKDB New Member

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    I don't think there is anything you can do to stop them. They will search your car. In Cobb County they will position you in front of the camera to hide the search. If they find anything they will have plenty of time to invent, lie, fabricate reasonable suspicion. Your only hope is the judge throws it out. If the judge does and you then pursue a 1983 case another judge will rule that there was likely enough probable cause. Cops are trained to violate your rights in order to make an arrest. The legality of the arrest/search is for the courts to decide.

    This case is a great read: http://www.georgiacarry.org/cms/category/action-items/paulding-county-man-with-a-gun/

    Rule one when dealing with the police: Take all measures to avoid any interaction with the police.
    Rule two when dealing with the police: Never ever talk to the police.

    IANAL
     
  10. Phil1979

    Phil1979 Member Georgia Carry

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    Some (not all) LEO will dish out the BS to throw you off-balance. Don't let it scare you. For them, it's a game. Enjoy it with them and play along. When they make their little threats, just smile and say, "Thank you for the information officer, am I free to go?"

    Once you politely decline permission for them to do a search, they'll sometimes ask, "Why, do you have anything to hide?" Just smile and say, "No officer, thank you for asking. Am I free to go?"

    In Georgia, once you get your ticket and sign it, the encounter is OVER. If the officer starts prodding with more questions, just say, "Thank you officer, have a great day", then roll up your window, and proceed on your way. You'll know if the officer wants to actually continue to detain you. If he yells for you to stop, then do so, and then inquire why he stopped you a second time.
     
  11. Iceman

    Iceman Active Member

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  12. BattleSausage

    BattleSausage Member

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    I've had my car searched twice, both by :3hat: of the fine Cobb County police force. The first time I was a new driver in a nice car and I honestly believe they just wanted to harass me and take a look at my old car. Needless to say I had several broken cd cases in the floorboard along with everything else they could manage to pull out and leave strewn about. The second time I had already learned my lesson. I asked for another officer be present as well as it be video taped from the officers POV. It pissed them off to no end however they decided to play and made me wait. In return I made sure they taped from a hand held, not just the in dash and pointed out when they strayed and also asked them to return items from the area which they came.They didn't like it,but they wouldn't let me go, so I made them play by my rules. You can make conditional consents, which can be revoked at any time. The reasonable amount of time they are supposed to play by has no clear definition, and as such, I don't think would be helpful as they can blame it on any number of things as to why a stop takes place.
     
  13. Adam5

    Adam5 Atlanta Overwatch

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    If you had already learned your lesson, why didn't you just refuse consent?
     
  14. SongDogSniper

    SongDogSniper New Member

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    Replace R.A.S. with Probable Cause in item B). They can have R.A.S. for the stop, but need consent, P.C. or a warrant in order to search the vehicle. Don't confuse any items in "plain sight" of the officer with items found during a vehicle search. No consent or P.C. is required to confiscate and charge for items visible in plain sight. And the presence of those items can then be used to establish P.C. for a search of the vehicle.

    So, if you have a marijuana or crack pipe sitting in the ashtray of your vehicle, and it is in plain sight of the officer standing outside the vehicle, the presence of such drug paraphernalia and current condition can be used to justify a search of the vehicle (and person) for drugs and/or controlled substances.

    The trained K9 dog alerting outside the vehicle is considered P.C. for a search of the vehicle for drugs or controlled substances.

    Because of the mobile nature of vehicles, consent or P.C. are usually used to justify the search, warrants for vehicle searches on the road are not seen too often. And if the vehicle is impounded, it is then "inventoried".
     
  15. groats

    groats New Member

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    And as anyone who has ever owned a dog knows, a smart dog can be trained to give an "alert" response to a subtle signal from his handler, just as he would respond to actual drugs.

    Therefore, the chance that they'll drag a dog out there and then NOT do a search is likely to be zero.
     
  16. mountainpass

    mountainpass Under Scrutiny

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    Yall commenting on the dogs... by all means tell them you do not consent to a search. Then they will say, "well we'll run a dog around the car." I bet they don't call your bluff, unless the dog is close by, and cut you loose.
     
  17. SongDogSniper

    SongDogSniper New Member

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    I agree.

    PDs of geographically smaller municipalities usually have no problem getting their K9 on scene pretty quickly (within 5 minutes), especially on slow nights, provided there is one on shift. That might not be the case for the larger departments where the K9 could be on the other end of the county.

    Of course, always remember there is nothing to stop one jurisdiction from requesting an available K9 of an adjacent jurisdiction respond to the scene if the officer's supervisor asks for it.
     
  18. BattleSausage

    BattleSausage Member

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    Because my vehicle "supposedly" matched that of one used in a burglary, and as such I was being detained whether I liked it or not. They made it a point to be an ass, and so did I.
     
  19. AV8R

    AV8R Banned

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    "I do not consent to any searches of my person or vehicle. If I am not free to go, then please call your supervisor to come here now."