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Cop search consent question

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alex=
Posts: 1738 - Karma: 2,835
Can you refuse to let a cop search your bag, car, or pockets?
Mar 28 2012 8:30PM
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SamtheEagle
Posts: 1658 - Karma: 713
you can refuse the search on the car or bag unless they have probable cause but police are allowed to search your immediate person for weapons for their safety so generally they can search your pockets
Mar 28 2012 8:32PM
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KarmaInitiative
Posts: 2028 - Karma: 174
^this

when in doubt, just say "i don't consent to any searches", thats like the cheat code of police questioning
Mar 28 2012 8:33PM
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Charlie_Kelly
Posts: 11955 - Karma: 12,302
What he said. Theres actually a nifty video serious out that would answer all your questions. Its somewhere on youtube.
Mar 28 2012 8:33PM
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a_pla5tic_bag
Posts: 9235 - Karma: 5,583
you can say what you want, they'll search you if they want to.
Mar 28 2012 8:34PM
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PopsicleStand
Posts: 6890 - Karma: 147
storytime

guy in my place of business not acting right (understatement). police on the scene, ask him to comply with their demands. person (who we later find out is a juggalo and on bath salts), asks cop "are you down with the clown?"

person then gets arrested.

dont ask any cops if they are down with the clown.
Mar 28 2012 8:37PM
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Flying~Squirrel
Posts: 6494 - Karma: 190
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Mar 28 2012 8:38PM
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KRASHED
Posts: 7803 - Karma: 466
Here's what I know for Ontario Police.

You cannot be arbitrarily searched.

An officer can search you for his safety and yours. He cannot go into your pockets or any personal effects unless he has reasonable and probable grounds that you are carrying something that may endanger their live or yours - This is commonly known as a patdown

You can be searched if during the patdown if the officer feels any type of weapon or reasonably suspicious object.

You will be searched if you have been arrested.

You can also consent to a search and at any time revoke that consent.
Mar 28 2012 8:39PM
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Lucas
Posts: 4881 - Karma: 1,575
Are you down with the clown?
Mar 28 2012 8:49PM
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The_Big_Tuna
Posts: 799 - Karma: 75
this ^ the newb is absolutely correct.
Mar 29 2012 4:02PM
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Big.L
Posts: 703 - Karma: 15
If they have probable cause they can but if a cop just walks up to you out of nowhere and you're not doing anything wrong he cant search you, the most he can do is a pat down for weapons but he can't actually make you empty your pockets
Mar 29 2012 4:07PM
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james6345789
Posts: 4763 - Karma: 461
they can pat you down for weapons, but if it doesn't feel like a weapon, they can't make you show it to them.
Mar 29 2012 4:11PM
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james6345789
Posts: 4763 - Karma: 461
just copy them at 1;43


Mar 29 2012 4:15PM
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AlwaysDisagrees
Posts: 248 - Karma: 39
Always make sure not to give consent to a search. That being said, a cop can search you whenever he wants. However, he will need to prove probable cause for the search or the case against you will be thrown out.
Mar 29 2012 4:16PM
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An10a_Eng
Posts: 2505 - Karma: 26
cops are absolutely allowed to search you for their own safety. if they pat you down for weapons and believe you have weed or something illegal they then have probably cause. if they have probably cause they can search your car, home, etc with out a warrant.
Mar 29 2012 4:17PM
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feihlination
Posts: 8356 - Karma: 1,084
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Mar 29 2012 4:18PM
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Yeezus
Posts: 3350 - Karma: 469
it's your 4th amendment that protects your privacy. In it it states "no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, & the person or things being seized" (had to memorize that for class), which basically says that Police need a warrant to search, but there are exceptions where they don't need a warrant.

in a car search, if they have probably cause, they can search your car, but you may tell an officer they can't search it. If you consent to one, they can search whatever they want.

Just basically understand the 4th amendment & probable cause. At school it's much different though. Search New Jersey vs TLO & Stafford vs Redding if it's anything school related or on school grounds.

Mar 29 2012 4:21PM
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CluckaChuck
Posts: 1541 - Karma: 734
haha, that "newb" has been on here two years longer than you.
Mar 29 2012 4:22PM
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Yeezus
Posts: 3350 - Karma: 469
no, this is false. Police need a warrant to search your home unless you consent, or there's an emergency where a warrant isn't necessary because they have probably cause to believe that not entering will result in destruction of evidence or suspect escape etc, or if Police are on a hot pursuit where they can follow a suspect through someones house. In the last case they can seize any evidence found even if you weren't involved in the hot pursuit
Mar 29 2012 4:25PM
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soulskier
Posts: 17806 - Karma: 3,841
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Mar 29 2012 4:30PM
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Anathema
Posts: 21048 - Karma: 5,062
they can't search your property/car but they can search you.
Mar 29 2012 4:33PM
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theabortionator
Posts: 52146 - Karma: 168,478
Yes.


Also refusing to a search does not give him probable cause to search you. It's simply your right. If he tries to search anyway don't try and fight, but make sure to state that you're refusing to consent to this search.





Mar 29 2012 4:34PM
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yuck
Posts: 8384 - Karma: 2,090
suspicious as in, potentially a weapon? or if he felt a dimebag in your pocket, could he make you take it out?
Mar 29 2012 4:51PM
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Yeezus
Posts: 3350 - Karma: 469
yes, he'll empty everything out, & then he'll arrest you for possession of narcotics. I don't know your state rules but in CT there is a certain amount that you can have for "personal use". But otherwise, if that doesn't apply to you, you will be arrested for possession, & then he'll search your car. & probable cause really depends on the case... there really is no guideline for what is & isn't probable cause
Mar 29 2012 5:35PM
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