Tilted Forum Project Discussion Community - View Single Post - POLL: You are stopped by the Police; They want to search your car... Do you consent?

Anexkahn · 09-30-2003, 03:42 PM

Even though the constitution grants protection from un-reasonable search and seizure federally, the interpretation of case law and application to consent searches varies greatly between states. That said, what goes in one state, doesn't in another.

As far as consenting to a search personally, i think it would have a lot to do with the attitude of police in the area. I actually work as a cop on the west coast, and went to visit a friend who is also a cop in Texas, and i was amazed at the way he did shit. A lot of the things he did wouldn't fly where i am from. So i’d say it has a lot to do with the demeanor and professionalism of the cops in the locality whether i’d give consent to search.

I generally have a good reason to ask for a consent search when i do, and if people ask i'll be more than happy to tell them why i asked to search and what I’m looking for. I find a lot more people will readily consent if i approach them right. I really don't mind if people decline, i could care less. its within their rights, and i respect that, and im sure if they're involved in illegal activity, i'll catch them another way later.

One thing to consider, i ask for consent to search just as much to rule out criminal activity as i am looking for criminal activity. For example, if i receive information that a person is routinely transporting dope in his vehicle, and i stop it, don't find any probable cause to develop an investigation, ask for a consent search, get told to fuck off, the next time i see that vehicle, and i can find a lawful reason to stop it, i can gaurendamntee i'll stop it, just for another opportunity to check for illegal activity. Conversely, if they consent to search, i check the vehicle, don’t find anything to support the dope trafficking information i received, and I’ll probably not contact the driver again on the minor traffic violation I saw.

I've heard some crazy ass stories about how cops ripped the shit out of vehicles on consent searches, and I’m sure it happens once in awhile, making cops everywhere look bad, but most are just doing their job and will treat you with just as much respect as you give them.

09-30-2003, 03:42 PM	#30 (permalink)
Anexkahn Crazy Location: whOregon	Even though the constitution grants protection from un-reasonable search and seizure federally, the interpretation of case law and application to consent searches varies greatly between states. That said, what goes in one state, doesn't in another. As far as consenting to a search personally, i think it would have a lot to do with the attitude of police in the area. I actually work as a cop on the west coast, and went to visit a friend who is also a cop in Texas, and i was amazed at the way he did shit. A lot of the things he did wouldn't fly where i am from. So i’d say it has a lot to do with the demeanor and professionalism of the cops in the locality whether i’d give consent to search. I generally have a good reason to ask for a consent search when i do, and if people ask i'll be more than happy to tell them why i asked to search and what I’m looking for. I find a lot more people will readily consent if i approach them right. I really don't mind if people decline, i could care less. its within their rights, and i respect that, and im sure if they're involved in illegal activity, i'll catch them another way later. One thing to consider, i ask for consent to search just as much to rule out criminal activity as i am looking for criminal activity. For example, if i receive information that a person is routinely transporting dope in his vehicle, and i stop it, don't find any probable cause to develop an investigation, ask for a consent search, get told to fuck off, the next time i see that vehicle, and i can find a lawful reason to stop it, i can gaurendamntee i'll stop it, just for another opportunity to check for illegal activity. Conversely, if they consent to search, i check the vehicle, don’t find anything to support the dope trafficking information i received, and I’ll probably not contact the driver again on the minor traffic violation I saw. I've heard some crazy ass stories about how cops ripped the shit out of vehicles on consent searches, and I’m sure it happens once in awhile, making cops everywhere look bad, but most are just doing their job and will treat you with just as much respect as you give them.