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Discussion Starter · #1 · (Edited)

This is a situation where a dash cam might save your hide. Record the encounter, to have solid evidence, that any search is being done against your will. If you don’t have a dash cam, record things on your smart phone; make a voice recording.

It is never in your best interest to consent to a search. If the police want that, then let them get a warrant. If they search your car anyway, maintain your stance that you have not consented. So that, if it ends up in court, you will have a leg to stand on.

If you do consent, and they find anything to incriminate you on, you won’t stand a chance in court.
 

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A warrant is not necessarily needed. Concepts like protective sweep and probable cause still apply to searching a car.

A locked car can change the situation, breaking in would typically require a warrant if it removes the need to search immediately.

One thing that is, in my opinion, the most important aspect to remember - cops are not lawyers. They don’t know all aspects of the law,
and they don’t care what you have to say about it.

As my wife’s criminal law professor used to say (a flaming liberal) - you have a right to remain silent and they have a gun. Shut up and wait for an attorney.


Sent from my iPhone using Tapatalk
 

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NOT NECESSARILY! Furthermore, no matter what is found, the evidence AND legal motivation behind the search MUST conform to specific executive law-enforcement guidelines—Guidelines that have already achieved previous legal precedents. Concepts like: Reasonable Suspicion, based upon previously established Articulable Facts.

No law-enforcement officer has a valid and legally sustainable right-to-search just because 'things don't feel right', or he drank too much coffee before making the stop. Conducting a weak or frivolous search like this would be just asking for the case to be thrown out of court at a later date.
 
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Discussion Starter · #5 ·
NOT NECESSARILY! Furthermore, no matter what is found, the evidence AND legal motivation behind the search MUST conform to specific executive law-enforcement guidelines—Guidelines that have already achieved previous legal precedents. Concepts like: Reasonable Suspicion, based upon previously established Articulable Facts.

No law-enforcement officer has a valid and legally sustainable right-to-search just because 'things don't feel right', or he drank too much coffee before making the stop. Conducting a weak or frivolous search like this would be just asking for the case to be thrown out of court at a later date.
 

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Discussion Starter · #6 ·
@Pistolero

I think that you are way too trusting, and there are plenty of reasons, to watch and record what a cop does.

The right of any citizen to not incriminate themselves is in the 5th Amendment for good reasons. You might get set up by a cop, and who knows when it will happen.
 

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There's an Automobile Exception to warrants. The courts have ruled since the 1920s that you do not have the same expectation of privacy in a vehicle as you do in your home. If you get pulled over they can search your vehicle if they believe there is probable cause that evidence of a crime exists in the vehicle or they feel they need to for their own protection. They can also search the vehicle if you are arrested.

So popping off at the mouth to the point of getting arrested could give them the ability to search the car to see if the person was acting stupid because of drugs or just . . . stupidity. :ROFLMAO:
 

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Discussion Starter · #8 ·
There's an Automobile Exception to warrants. The courts have ruled since the 1920s that you do not have the same expectation of privacy in a vehicle as you do in your home. If you get pulled over they can search your vehicle if they believe there is probable cause that evidence of a crime exists in the vehicle or they feel they need to for their own protection. They can also search the vehicle if you are arrested.

So popping off at the mouth to the point of getting arrested could give them the ability to search the car to see if the person was acting stupid because of drugs or just . . . stupidity. :ROFLMAO:
The main point is to say no, I don’t assent to any search. If someone is acting stupidly or under the influence, then they can be arrested. Cops just randomly asking to search cars is a real encroachment on freedom.
 
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