Yes, assuming the police cannot justify probably case, any defense attorney worth a nickle will have all evidence of a crime found in the search thrown out in the trial leaving the prosecutor no case and therefore will most likely drop all charges.

 

...unless they use this Supreme Court ruling to set the precedent that the officer made a "mistake of law" and that they weren't being "unreasonable" when they assumed that they had enough to justify probable cause. Then they guy who had his car searched is up a creek.

Yes, assuming the police cannot justify probably case, any defense attorney worth a nickle will have all evidence of a crime found in the search thrown out in the trial leaving the prosecutor no case and therefore will most likely drop all charges.

 

Meanwhile, I'm out what in terms of money and time?

I will never let the police search my vehicle again without a search warrant...

 

About twelve years ago I get a phone call from my friends girlfriend.

She tells me that my friend and her got into an argument,and she can't find him! I hadn't seen him but I told her that I would look for him.

 

So I went to the local city park and sure enough there he was sitting in his car.

I park next to his car and then the both of us get out of our cars. We were just hanging out

talking about his personal problems he was having with his girlfriend.

After about an hour had passed by two city cops pull up and get out of their cars.

They asked us what we were doing and I explained the situation to them.

They said someone had reported that it looked like some illegal drug activity was going on.

We told them no way,and that I was just helping my friend out who is going through a hard time.

 

The officers asked if they could search our vehicles,we both said go ahead since we had nothing too hide.The officer that was searching my car finds in the floor board some kind of seed from like a bush or tree. He says what do we have here? I'm like I have no ideal what that is but it isn't a pot seed. The other officer agreed with me and then they both left.

 

That's the last time my car gets searched without a search warrant...

Meanwhile, I'm out what in terms of money and time?

 

I didn't say it was perfect, just that LEGALLY you are off the hook. Some people have sued for court costs when their car was illegally searched but don't know if that is the generally rule.

Everyone here is saying they would refuse a search, has anyone hear actually done it? How did the officers react? Cool with you excersizing your rights or jerks about it.

 

The one time I was searched they had me clear my pockets and put it on the car so I would not have access to my phone for video taping to prove I was objecting to the search.

So, I'm confused. In some threads, we're told to just do what the officer says and even if you get arrested, it'll be alright in the end. In this one, we're being told NOT to consent to the search.

 

In one a officer is telling you to do something..example: Put your hands up or take your hands out of your pockets. If you resist things aren't going to go good for you.

 

In the other he is asking your permission to do something..example: Do I have your consent to search your car or may I search your purse. If you resist the burden of proof is on the officer.

I will never let the police search my vehicle again without a search warrant...

 

About twelve years ago I get a phone call from my friends girlfriend.

She tells me that my friend and her got into an argument,and she can't find him! I hadn't seen him but I told her that I would look for him.

 

So I went to the local city park and sure enough there he was sitting in his car.

I park next to his car and then the both of us get out of our cars. We were just hanging out

talking about his personal problems he was having with his girlfriend.

After about an hour had passed by two city cops pull up and get out of their cars.

They asked us what we were doing and I explained the situation to them.

They said someone had reported that it looked like some illegal drug activity was going on.

We told them no way,and that I was just helping my friend out who is going through a hard time.

 

The officers asked if they could search our vehicles,we both said go ahead since we had nothing too hide.The officer that was searching my car finds in the floor board some kind of seed from like a bush or tree. He says what do we have here? I'm like I have no ideal what that is but it isn't a pot seed. The other officer agreed with me and then they both left.

 

That's the last time my car gets searched without a search warrant...

 

Your just mad because they almost caught you dealing Bird Seed

So' date=' despite having the right to decline consent, the police may still be able to detain you and search without your consent?[/quote']

 

According to our laws, in some situations, yes.

I will never let the police search my vehicle again without a search warrant... About twelve years ago I get a phone call from my friends girlfriend. She tells me that my friend and her got into an argument' date='and she can't find him! I hadn't seen him but I told her that I would look for him. So I went to the local city park and sure enough there he was sitting in his car. I park next to his car and then the both of us get out of our cars. We were just hanging out talking about his personal problems he was having with his girlfriend. After about an hour had passed by two city cops pull up and get out of their cars. They asked us what we were doing and I explained the situation to them. They said someone had reported that it looked like some illegal drug activity was going on. We told them no way,and that I was just helping my friend out who is going through a hard time. The officers asked if they could search our vehicles,we both said go ahead since we had nothing too hide.The officer that was searching my car finds in the floor board some kind of seed from like a bush or tree. He says what do we have here? I'm like I have no ideal what that is but it isn't a pot seed. The other officer agreed with me and then they both left. That's the last time my car gets searched without a search warrant...[/quote']

 

Let me get this straight...they asked (because of a complaint), you consented, one officer thought he found some drugs, the other disagreed, and they left? Did they do anything wrong?

Meanwhile, I'm out what in terms of money and time?

 

And you'll have a record of arrest despite the case being dismissed, that could show up in future background checks. Of course, if your future employer does continue to consider you, you'll likely have to explain that and provide court documents proving such. Or maybe they will just put you in the discard pile.

And you'll have a record of arrest despite the case being dismissed, that could show up in future background checks. Of course, if your future employer does continue to consider you, you'll likely have to explain that and provide court documents proving such. Or maybe they will just put you in the discard pile.

 

Lovely.

 

Good thing I'm retired.

And you'll have a record of arrest despite the case being dismissed, that could show up in future background checks. Of course, if your future employer does continue to consider you, you'll likely have to explain that and provide court documents proving such. Or maybe they will just put you in the discard pile.

 

Yeah, but you know...it was just a mistake of law. That's not "unreasonable", is it?

 

And you'll have a record of arrest despite the case being dismissed, that could show up in future background checks. Of course, if your future employer does continue to consider you, you'll likely have to explain that and provide court documents proving such. Or maybe they will just put you in the discard pile.

 

Hard to get arrested if there's nothing illegal in your car though right?

For everyday citizen, I just don't think this is such a big deal. How many times have each of you been pulled over and asked if your car could be searched? It has never happened to me. I've been pulled over for speeding 3 times in my life and not once have my actions warranted being searched.

You know who it usually happens to? The kid driving around with loud pipes drawing attention to themselves or the guy whose car is always parked at a known drug dealer's house.

So, I'm confused. In some threads, we're told to just do what the officer says and even if you get arrested, it'll be alright in the end. In this one, we're being told NOT to consent to the search.

Because you have to be stopped for a reason and searched for a reason. You shouldn't physically resist, but you have the right to refuse. You wouldn't let an officer search your house for no reason or probable cause, would you?