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At least the last time I was searched (11 years ago), it was still "requested" by the officer, so I'm assuming I could have said no and he would have had to get

At least the last time I was searched (11 years ago), it was still "requested" by the officer, so I'm assuming I could have said no and he would have had to get a warrant, etc, but he let me know that he could either search my truck or ticket me for my tire hitting the white line (which may be illegal, or may not be, I don't know). Had I been smarter, I would have taken the ticket and fought it in court, but as a scared 18 year old, I allowed myself to be cuffed, placed in the backseat of a cop car while he tossed my truck. He had ever opportunity to plant anything he wanted, and thankfully he wasn't too corrupt of an officer - other than coercing an illegal search. That is why I have a slight anti-police bias. I have family in the force, so I try to be respectful of police, and I know plenty of amazing police officers, but there are a lot of bad apples that spoil the bunch.

fjdlwlv 10y ago
Your case is considered consent by law, but the jurisprudence is wrong. You are ruled to have "consent" even though you know you could be shot and killed for not consenting.
codazoda 10y ago
This. I decided at a young age that the answer to "can I search" is "no". If I end up in custody as a result, so be it. If they get a warrant and slap me with everything they can, so be it. I cannot take the chance that they will either plant something or find something that I use regularly that might be used illegally and leave me fighting about it for the next few years. I once built model rocket engines with my son (see sugar rockets online). I kept legal amounts of the mixed chemical as well as the individual components for that in my trunk at various times (going to a launch site, coming home from the hardware store, etc). In a case like that it's not the officers job to decide if you did anything wrong or not. It's their job to report that you had "bomb making supplies" or some "white powder substance" in your trunk and let the court system sort it out.
jmcdiesel 10y ago
I was "asked" to exit my vehicle by no less than 6 officers pointing their service pistol directly at me and yelling at me... I was walked backwards, hands on head to a police car and cuffed, thrown down on the hood and very physically frisked (ever had someone literally pull your balls down ... yeah) I stood with my hands behind my back for 10 minutes sitting on them, very painfully (i am a big dude, but i was larger then, over 420lbs (this plays into the story later) I was talked to like i was trash while officers begin looking through my truck, throwing everything out of place... ... Want to know why this happened? Because 10 minutes earlier someone robbed the store i was driving behind. His description was a SKINNY male (the word "skinny" was specifically used) with dark hair and a beard. Even through the window of my truck, if you could tell i had a beard, you could tell i wasnt skinny. I was of course let go... but basically my truck was ransacked, left completely a mess, and I was left feeling rather victimized (its not a good feeling knowing 6 guns are loaded and pointed at you with no safety on... its a lot more impactful than you think before it happens to you) ... At the end of the day, any one with common sense isnt going to think the person who (on foot) robbed a store is going to drive right by the store, surrounded by police officers, 10 minutes later... and i didnt even match the description... yet somehow their warrantless search of my vehicle and self were totally legal and fine... These were just assholes who wanted to get all hopped up on being the hero that day... Oh, and at the end... the whole thing ended with the last words of the cop being "you're lucky we arent citing you for your license plate light being out" ... thats how cold cops are, thats what law enforcement is in America... its a bunch of losers who get handed power (because what kind of person seeks out power through a badge and a gun) and in turn, look for every opportunity to use said power in extreme ways to get their kicks... Warrants are just peices of paper... intimidation is the way of the police now. That's their preferred method of getting what they want
- jermaustin1 10y ago
  You know what always left me the most pissed about the whole thing. My truck being left a complete trashed mess. It took me 15-20 minutes to get it back to 90% organized. I had tapes and CDs (remember those) thrown out of their cases, my clipboard for work was broken, my flashlight was opened and the batteries thrown about. Had he been respectful of my things, it would have just been a laughing matter about how I used a "drug dealer's" driveway to turn around, but instead he ripped apart my truck looking for god only knows what, just to drive off without helping put anything back in its place.

fjdlwlv 10y ago

Your case is considered consent by law, but the jurisprudence is wrong. You are ruled to have "consent" even though you know you could be shot and killed for not consenting.

codazoda 10y ago

This. I decided at a young age that the answer to "can I search" is "no". If I end up in custody as a result, so be it. If they get a warrant and slap me with everything they can, so be it. I cannot take the chance that they will either plant something or find something that I use regularly that might be used illegally and leave me fighting about it for the next few years. I once built model rocket engines with my son (see sugar rockets online). I kept legal amounts of the mixed chemical as well as the individual components for that in my trunk at various times (going to a launch site, coming home from the hardware store, etc). In a case like that it's not the officers job to decide if you did anything wrong or not. It's their job to report that you had "bomb making supplies" or some "white powder substance" in your trunk and let the court system sort it out.

jmcdiesel 10y ago

I was "asked" to exit my vehicle by no less than 6 officers pointing their service pistol directly at me and yelling at me... I was walked backwards, hands on head to a police car and cuffed, thrown down on the hood and very physically frisked (ever had someone literally pull your balls down ... yeah) I stood with my hands behind my back for 10 minutes sitting on them, very painfully (i am a big dude, but i was larger then, over 420lbs (this plays into the story later) I was talked to like i was trash while officers begin looking through my truck, throwing everything out of place... ... Want to know why this happened? Because 10 minutes earlier someone robbed the store i was driving behind. His description was a SKINNY male (the word "skinny" was specifically used) with dark hair and a beard. Even through the window of my truck, if you could tell i had a beard, you could tell i wasnt skinny. I was of course let go... but basically my truck was ransacked, left completely a mess, and I was left feeling rather victimized (its not a good feeling knowing 6 guns are loaded and pointed at you with no safety on... its a lot more impactful than you think before it happens to you) ... At the end of the day, any one with common sense isnt going to think the person who (on foot) robbed a store is going to drive right by the store, surrounded by police officers, 10 minutes later... and i didnt even match the description... yet somehow their warrantless search of my vehicle and self were totally legal and fine... These were just assholes who wanted to get all hopped up on being the hero that day... Oh, and at the end... the whole thing ended with the last words of the cop being "you're lucky we arent citing you for your license plate light being out" ... thats how cold cops are, thats what law enforcement is in America... its a bunch of losers who get handed power (because what kind of person seeks out power through a badge and a gun) and in turn, look for every opportunity to use said power in extreme ways to get their kicks... Warrants are just peices of paper... intimidation is the way of the police now. That's their preferred method of getting what they want

jermaustin1 10y ago
You know what always left me the most pissed about the whole thing. My truck being left a complete trashed mess. It took me 15-20 minutes to get it back to 90% organized. I had tapes and CDs (remember those) thrown out of their cases, my clipboard for work was broken, my flashlight was opened and the batteries thrown about. Had he been respectful of my things, it would have just been a laughing matter about how I used a "drug dealer's" driveway to turn around, but instead he ripped apart my truck looking for god only knows what, just to drive off without helping put anything back in its place.