A change of Scenery: Searches & Seizures

OK... I'm normally just quietly reading and learning... this is my first post.

I'm only piping in to add that when I took my CCW class in MN, my instructor, Joel Rosenberg (author of Everything You Need To Know About (Legally) Carrying A Handgun In Minnesota) had us repeat the mantra: "I wish to speak with my attorney, and I do not consent to any search.".

As an alternative, in a traffic stop in the situations cited previously, it was a very polite: "I do not consent to any search, but will not physically resist.".

I find that advice very well thought out, and admit I never before had considered not allowing a LEO to search my car at the mildest request.

Shortly after memorizing the mantra, it occurred to me WHY I would never want to consent to a search of any kind. I had just left a full-service car wash, and had to brake hard due to a traffic situation. Something slides out from between the seats and hits me in the foot. Apparently one of the car wash dudes isn't going to be happy... it was his stash of pot in a nice little wood box.

So... even if you don't THINK you have "something to hide"... are you SURE? Did you loan your car to someone recently? Use a valet service? Car wash? Give a friend a ride? Maybe you can run this one by your Dad. :eek:
 
Also something to think about, if you just bought a used car, one that could have belonged to a teenager, or adults that like to indulge in "other" things, get it checked by your local Sheriff (I wouldn't go to the city Police).

If you don't, or can't, and you get pulled over, you don't know how well the car was cleaned out, especially by those small car lots. Also, how well did they go into the cracks in the seats, the center consel(sp), etc..?

You consent because you have "nothing to hide" and they find an old seed or maybe a sliver of herione (don't know if it's spelt correctly, I don't use the stuff), etc..

BOOM, you're now in handcuffs.

Case in point: I love Firebirds and especially the 77/78 models. I found and bought a 78 in NM while stationed at Holloman. I learned about the free service that the SP's K9 unit gave about having a dog go through the car if you bought it used. I did so, the dog alerted, they found a couple of old MJ seeds.

They determined that the seeds were old and gave me a slip that showed that the car had been used to smoke dope in before I bought it.

Now, the dog when it went on the outside of the car didn't alert but when the dog was on the inside. And the seeds really weren't that hard to find if you looked closely.

Wayne
 
I have been over this with him again and again, and his reply is "If I choose to let him search, he's not violating my rights." Then I ask, "So you are choosing to just give up your rights and let the officer do whatever he wants?" He says "Yes, because it doesn't really matter, if he wants to do it, he's going to do it anyway, no matter what. Your rights are an illusion when dealing with police. When it comes to your word against theirs, who is the judge going to believe?"

I think I'm done trying to talk to him. What can you do when someone just chooses to roll over and give up their rights?
 
In Colorado, the officers need probably cause for a search, or consent. There are a few exceptions for warrentless searches, and a few more if you're in your automobile, but I'll skip that for now in the interest of brevity.

If you consent, you waive any right to object later, say at trial, if something illegal was found.

If you do not give consent, and they search anyway, if they do find something you can ask to have it surpressed for lack of probable cause. If you do not give consent, the police will be forced to lie about why they believed you had XYZ in your possession if they want it admitted into evidence.

What motivation does a cop have for harassing you. Granted it happens, but barring any personal reason, why is a cop going to press you if you fail to consent? If you don't consent, he'll likely have to get a warrant and give a darn good reason to the magistrate. When he fails to get the warrant, or lies to get it, it will tarnish his reputation or make alot of paperwork for him. Why would he bother?

Moral: NEVER consent to anything. Also, even if you DID do something wrong, NEVER admit to it and never speak to a cop or investigator without an attorney present. It will be used against you and you will be miserable.
 
Also something to think about, if you just bought a used car, one that could have belonged to a teenager, or adults that like to indulge in "other" things, get it checked by your local Sheriff (I wouldn't go to the city Police).
Click to expand...

:eek: I've never owned a car that wasn't used, and I've never given it a second thought. Most of them had been through several owners by the time I got them, and I've always let cops look all over the vehicle if they wanted to. Cops would ask to search, I've never done drugs in my life, and my attitude always was 'I have nothing to hide.'

I used to work as a mechanic. It's amazing what people leave in their cars. Even more amazing I never considered that when buying a car. :confused:

My new attitude is 'I have nothing to hide, so don't waste your time.' I'll never consent to search again. You guys have set me straight.

However, I have a question, maybe one of you lawyer types could help me out with. Shortly after 9/11 I had work to do at an airport. The international airport in Fort Lauderdale is run (owned?) by the county and they had sheriff's deputies searching some of the cars headed into the parking garage. Assuming that's county property did they need P.C. to search a vehicle? Could they search every car that came in if they wanted to? Could they search any person if they wanted to, even if you weren't boarding a plane?
 
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