It hasn't happened to me yet but it happened to a friend of mine. California seems to be getting more aggressive this way. Anyway, I was at Frontsight firearms training and asked one of the range masters with 28 years service as a Deputy Sherrif and he recommended the following:

"Officer I know you have a difficult job to do and I have nothing but respect for you guys. Now I'm not sure what I have done to escalate things to this level and I know if you have probable cause you will search my car despite any objections. However if you don't have probable cause I would decline to entertain this inconvenience."

 

And they reply: Assume the position!

They can search my car, I have nothing to hide...

 

Just carry around a box of sex toys and a blow up doll in the back seats.

So when the cop asks: What's this for? you can say, Why are you asking me a question that you already know that answer to! He'll walk away shaking his head and leave you alone.

 

They have searched mine while pulled over for no front plate. If they want to cause you ploblems they will find you sooner or later.

 

Really sucks...we have rights but we don't want to be in their "blacklist"!

 

This is why I'd never take legal advice from cops ... he doesn't even have the legal standards right.

They don't need probable cause to search areas of the car in "lunging" distance, only reasonable suspicion for the initial stop. (And that distance is defined as anything within the driver's reach, including, get this, the area of the trunk in a hatch back. It also includes containers within reach) Essentially, reasonable suspicion for an emissions violation (e.g. exhaust) gets them almost anywhere they want in your car -- the notable exception being a locked trunk that is sealed from the passenger compartment.

That said, my legal advice is actually similar to the officer in this case. I would say "I don't consent to any search. But, of course, you are free to do as the law allows."

However, from a practical perspective, I'd be inclined to cooperate. Talk to 99.9% of officers and they will tell you that they do not like giving tickets to "good" people -- even motorcycle cops. They will stop you at the drop of a hat to make sure you are a "good" person. As soon as they can deduce that your legal transgressions begin and end with emissions infractions, an illegal turn, etc., they will most likely send you on your way without a ticket.

Besides, once pulled over, they can basically search anything anyway... so no harm in being friendly.

 

What if you hare a firearm in your glovebox? It is legal in KY to carry one in there without a permit... What would be the "safe" way to disclose that to an officer in case of a pull-over - my registration is in my glovebox. I don't carry one now, but might if the economy gets worse!

 

The first thing out of your mouth should be a full disclosure of all deadly weapons anywhere in the car.

 

Exactly...

I just let him waste 45 mins rummaging through the car only to find school books and paper work. Fool never even gave me a reason or a ticket, just wasted both our time.

 

I would say go right ahead and search, theres a fully loaded Sig 220 in the door and a MP5 in the trunk.......lol...well it is Montana....

 

Easy Just say no!

 

even with PC, or even search incident to apprehension, the scope of the search can only encompass that area within arms reach of the person in question and within the area to which the crime is committed. A trunk search can be only obtained in the few, following ways...1. if the R/O or authorized operator of the vehicle gives specific permission to search the trunk area,...2. the trunk is already open and the officer sees something in "plain sight" that gives reasonable suspicion to believe what they are viewing is contraband or violates the law....3. the officer can reasonably articulate that not searching the trunk at that particular time would be lose of evidence or endanger life......there are a few others, but for the most part, the officer has to articulate reasonable suspicion or ask for consent. Of course, there are always ways to get into areas of a vehicle that they wish to look without consent, but for a simple traffic violation, prolly not. flame away....but that's the actual law.

 

I have previous experience in law enforcement and I can tell you that I have had this very issue to deal with...

I have ZERO worry of ever having something "found" in any of my cars. I carry a weapon, and have a permit for it. I do not, nor have I ever had drugs of any illgel type in my home, my car, or on my person. I do however have serious concerns about some dirty cop (and I know most are not dirty) dropping something in my car just to be able to cause me trouble I don't need.

NEVER in a MILLION YEARS would I allow ANYONE to search my car. Simply put, I've defended the freedoms and rights we as Americans are fortunate to have. I certainly will not willingly give up those rights...

"Officer, I will comply with any order you give me, but you do not have permission to violate my rights. No you will not be searching my car without cause or a warrant."

I've had this discussion on the side of the road previously, and it really is that simple... Take me to jail, write me a ticket, or let me go.

Mike

 

Mike,

I tend to agree with you. I think it's worth nothing, however, that the officer needs neither a warrant or cause to search the interior of your car. His initial reason for stopping you (assuming that reason was valid) is enough "cause."

 

yes, he needs cause. He can't just say I want to search your car just because. He might end up working behind a desk. What Mike said is right on. I will not allow a search of my car, even though I have nothing to hide. I will force them to force the issue and then when they find out that there is nothing, then there will be hell to pay. The only legit reason for them to search your car is that a crime was committed and the car used resembled yours. I doubt that will happen with our cars.