What should I say when the police ask to search my car?
You should politely refuse as many times as they ask. Don’t give in no matter how many times they ask, no matter what they say. Even if they say they are going to hold you for dogs to arrive to sniff your car you should still refuse any search. Many times they are just bluffing!
Can the police use a dog to sniff around my car?
Police can use drug sniffing dogs if on hand, but can’t extend a traffic stop to call in a K-9 unit. In 2015, in a 6-3 decision the US Supreme Court ruled in Rodriguez vs. United States that police can’t extend traffic stops for even a “de minimis” or short amount of time without reasonable suspicion for reasons unrelated to vehicle or driver safety.
What if the officer says they will hold me to get a warrant to search my car?
Politely inform the officer that you will wait- most of the time this threat is usually a bluff to intimidate you into giving permission to search. Even if they do obtain a warrant a criminal lawyer can challenge the basis for that warrant in Court at a later date.
If I have nothing to hide why should I refuse a search?
You should always refuse a search so you do not waive your right to later challenge the search In Court. Other reasons to refuse a search include:
Will refusing a search make me look guilty?
Perhaps an officer will assume the worst, but refusing a search cannot be used against you later in Court.
When does an officer have “probable cause” to search my car?
When can police search my car trunk?
A car trunk is usually a separate compartment to which the driver does not have access from the driver seat making it more difficult for police to justify a search. Usually the Court will consider the totality of the circumstances to decide whether any search of a car trunk was lawful.
Can an officer order me to get out of my car?
Usually an officer can demand you get out of your car after a stop. If they ask you to exit your vehicle it is best to do so, or else things may go from bad to worse very quickly.
What should I do if pulled over?
Remain calm and polite. Don’t give the officer an excuse to say you were acting suspicious such as smoking a cigarette, chewing gum, or asking a lot of questions. Your best bet is to roll the window down, turn the vehicle off, turn off the radio, and keep your hands on the wheel. Never ask or demand to know why you were stopped- if they ask you- tell them you don’t know or else they may say you admitted to speeding or running a light. Finally, never argue about the speed they claim they “clocked” you at or ask for a reduction at the scene. Usually your best chance for a reduction at the scene is to say VERY little, while remaining calm and polite.
9/17/2015 07:40:37 pm
If I was pulled over on the side of the road not driving at the time, the cop stopped to see if I needed assistance I said no, was on the phone so I pulled off the road does that give pc to search??
9/17/2015 07:44:15 pm
I would say clearly no under those limited facts. Did the officer in fact search your car after you refused assistance? Did he ask and you gave permission?
Alvin C York
4/23/2018 11:58:35 am
So dose the 4th Amendment apply to car searches on public school grounds? Can RSO search any car at anytime without cause. Does the owner have the right to be notified and present during the time of search?
4/23/2018 01:36:48 pm
There is often a lower standard (perhaps just reasonable suspicion vs probable cause) on school grounds; however, there still needs to be some cause to search. Laws do vary by state. In the car context a basis to search is often provided via drug sniffing dogs which can be trained to make a drug "hit" upon the command of the handler.
10/26/2018 07:41:00 pm
No the school resource officer can’t search the car on school property whenever he chooses. If the school administrators feel the need to search your car then they can lead that such if you’re a student due to you agreeing to it when getting parking permits. Administrators in NC only need reasonable suspicious of a crime to search your or your property if you’re a student but officers still need probable cause. Can the SRO search your vehicle for “school safety” along side the administrator (principal) if there is for example a belief that you have a gun, yes. The state is more lieniant in those situations. But for the officer to cover themselves, they’d definitely have the principal with them in those searches.
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