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colcolombo · 09-13-2003, 07:16 PM

Wes,

Let me expand a little more on that car search business. Regarding probable cause, an officer may say something like what have you got to hide if you won't let me search. Or, you must have something you don't want me to see so I am going to get a search warrant. Don't fall for this. Your refusal to consent to a search is your constitutional right and the fact that you refused DOES NOT constitute probable cause for the officer to obtain a warrant.

Let's go a step further with a persistent officer. After you have refused the search, what will be your response if he says outright, "Does your refusal have anything to do with drugs or firearms you may be carrying in this vehicle?"
By now you are probably getting a little uneasy but try to retain your composure. Now what are you going to say? He has pretty well put the ball in your park now and you are sweating that handgun in the glove box.

Something like, "Officer (or sir) you seem intent on searching my vehicle. I have refused permission. We could debate this all day. I am ready to move on. Either detain me and go get a warrant or I need to be getting on down the road."
But, you haven't answered my question about drugs or firearms! Officer, I have answered all I intend to and I don't have anything else to say.

You have no obligation under the Fifth Amendment to answer his question. He knows this but he doesn't think you do. So, if you get into a situation like this, I hope you handle it well.
At this point, most officers will back off realizing they couldn't intimidate you into consenting to the search or incriminating yourself by an admission about the weapon. Remember, your refusal to consent and your refusal to answer the drug/weapon question still DOES NOT constitute probable cause to get a search warrant. I should point out that you are probably dealing with an overzealous officer. Most would not pursue it to this point. Most are decent, underpaid officers just trying to do their job but some carry it to the extreme.
One final thought, suppose you had some pot in the car and the officer had a drug dog that "alerted" to a certain area of the car. The officer then has probable cause and can search without a warrant. But we're getting a little off subject as far as the gun in the glove box.

Good luck.

Joe

P. S. No, I am not anti-police. I am just anti-bad police.

09-13-2003, 07:16 PM	#43
colcolombo User Join Date: Jul 2003 Location: Kentucky Posts: 75 Thanks: 0 Thanked 0 Times in 0 Posts	Wes, Let me expand a little more on that car search business. Regarding probable cause, an officer may say something like what have you got to hide if you won't let me search. Or, you must have something you don't want me to see so I am going to get a search warrant. Don't fall for this. Your refusal to consent to a search is your constitutional right and the fact that you refused DOES NOT constitute probable cause for the officer to obtain a warrant. Let's go a step further with a persistent officer. After you have refused the search, what will be your response if he says outright, "Does your refusal have anything to do with drugs or firearms you may be carrying in this vehicle?" By now you are probably getting a little uneasy but try to retain your composure. Now what are you going to say? He has pretty well put the ball in your park now and you are sweating that handgun in the glove box. Something like, "Officer (or sir) you seem intent on searching my vehicle. I have refused permission. We could debate this all day. I am ready to move on. Either detain me and go get a warrant or I need to be getting on down the road." But, you haven't answered my question about drugs or firearms! Officer, I have answered all I intend to and I don't have anything else to say. You have no obligation under the Fifth Amendment to answer his question. He knows this but he doesn't think you do. So, if you get into a situation like this, I hope you handle it well. At this point, most officers will back off realizing they couldn't intimidate you into consenting to the search or incriminating yourself by an admission about the weapon. Remember, your refusal to consent and your refusal to answer the drug/weapon question still DOES NOT constitute probable cause to get a search warrant. I should point out that you are probably dealing with an overzealous officer. Most would not pursue it to this point. Most are decent, underpaid officers just trying to do their job but some carry it to the extreme. One final thought, suppose you had some pot in the car and the officer had a drug dog that "alerted" to a certain area of the car. The officer then has probable cause and can search without a warrant. But we're getting a little off subject as far as the gun in the glove box. Good luck. Joe P. S. No, I am not anti-police. I am just anti-bad police.