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slothy

Perhaps one of the police officers who view these forums could help me out here. If I were driving, and got pulled over (maybe for speeding or what ever), and they *asked* if they could search my car (its happened before, they have asked for my concent, without any real suspicion, and i have let them, as i didnt have anything on me), and I were to say "no, you have no reason to be suspicious of what i have in here", could they use that statement for probable cause (me not concenting to the search, seeing as they didnt have a reason).. keep in mind at the time, I am not under the influence, and there is no smell present.

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Niteshift

The short answer to your question is no. But there are a couple of things I'd like to address.

they *asked* if they could search my car (its happened before, they have asked for my concent, without any real suspicion"

Real suspicion in whose book? Yours or theirs?

Police officers usually have a very different set of experiences and training than you do, so things that may not strike the average person as suspicious may be as obvious as a flashing arrow pointing to an item.

I were to say "no, you have no reason to be suspicious of what i have in here"

How about just "No". Few things make me suspicious faster than someone telling me why I shouldn't be suspicious of them. Not to mention that the way you termed it almost sounds like the dreaded "I know your job better than you do" routine.

Bottom line: If you sound too practiced or too experienced in your answer, it makes me more suspicious.

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Foxx

Suppose you give the police a simple no as Night shift said. How could you respond to a follow up question to the effect of "Why not?"

30yr.toker

..... welcome to mj.com foxx

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crayon

Niteshift! Your alive! But seriously, how should one respond to this question? "What's a white boy like you doin' in a black neighborhood at this time of night?" This happened to my husband twice, once when giving an acquaintance a ride home from work and once when he was delivering food to that area. The first time he was actually given a ticket for running a stop sign after the officer motioned him ahead of him so as to pull him over. He said I see that you aren't doing anything wrong now, but I have to give you the ticket anyway because I already called it in. I have told these things to black friends of mine, and all they can say is now you see how we feel.

 

Niteshift

How could you respond to a follow up question to the effect of "Why not?"

How about "You asked my permission and I said no. Am I required to explain my answer or am I free to leave?"

WARNING: SOMETIMES, I will ask for consent, even if I already have probable cause. So don't presume that the answer to the above will always be "yes, you can go". It MAY not be, but at that point, your lack of consent isn't really an issue.

"What's a white boy like you doin' in a black neighborhood at this time of night?" This happened to my husband twice, once when giving an acquaintance a ride home from work and once when he was delivering food to that area.

It sounds like the truth would have been a good answer in both instances.

The first time he was actually given a ticket for running a stop sign after the officer motioned him ahead of him so as to pull him over. He said I see that you aren't doing anything wrong now, but I have to give you the ticket anyway because I already called it in.

That makes no sense to me, but I won't dispute what your husband told you that the officer said.

I have told these things to black friends of mine, and all they can say is now you see how we feel.

I have to be blunt here....... I've had drivers go into court and claim that the only reason I stopped them is because they were black. Now, if they think I can tell they are black while they are driving on the other side of a divided highway, at night, in a car with tinted windows and doing so at 20 mph over the speed limit....... well, they are giving me a sh*tload of credit. Honestly, I usually don't know what race a person is until I actually get them stopped. In fact, half the time, you could be in a Mickey Mouse costume and I wouldn't know it until I was walking up to the car.

What I'm getting at is that if people have decided that there are being stopped or "messed with" for a certain reason, nothing I say or do will change that. I've even had people cling to that claim after I showed the video tape of them committing the infraction that I stopped them for.

Island Bob

Niteshift, lemme ask you something. I was arrested for possession of marijuana in february. The officer searched me and my car(my car first) without even asking my consent or even saying that he was going to do it. He just told me and all my friends to stand next to his car then he proceeded to shirt mine and found what i had.(luckely i had an ounce in there that he never found ) but anyway, why do you/other cops feel so compelled to do this sort of thing? im not saying you do it but if you do i want to know whats up. thanks man

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Island Bob

oh yeah sorry, i wanted to say that when he was searching my car i asked him if he wanted to search it then he could ask me first(i wouldve said no) but he told me to be quiet or i was going to be arrested for harrassment

Niteshift

The officer searched me and my car(my car first) without even asking my consent or even saying that he was going to do it.

If he had probable cause, he didn't need to ask you, and technically, didn't have to inform you either.

why do you/other cops feel so compelled to do this sort of thing?

Because we're hired and paid to do it.

Whether I agree with the law or not, it's still the law. I am supposed to enforce it. That's the oath I took.

Now I have some leeway on whether or not I choose to arrest you for it, but it would really be unethical of me to knowingly let you walk away with contraband.

i wanted to say that when he was searching my car i asked him if he wanted to search it then he could ask me first(i wouldve said no) but he told me to be quiet or i was going to be arrested for harrassment

That really wasn't a smart thing to say.

You wouldn't get charged with harrassment here....... it would be obstruction.

Larmer

You guys really don't have to tell what the probable cause is? IS that just a technicality, or is it practiced routinely by officers?

I dunno, that process just seems a tad unethical to me, seems as though a lot of problems could be alleviated if the suspect was kept as informed as possible. Might create a little more rapport...

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