I asked my brother, who is a high-ranking police official in a major west-coast city, about this. His reply was, basically, in that city and state, police will rarely ask to search unless there is probable cause. They will not randomly ask, because that could be interpretted as profiling. If you refuse the search, they either have to get a warrant or move on.
Additionally, if you consent to search, you may limit the scope of that seach (You can search the passenger area, but not the glove box or trunk) and you can revoke that permission at any time. In-car video and audio is becomming almost routine (insurance companies give many departments the equipment free of charge) even in small towns. The system is set to start automatically when the emergency lights are activated. The officer should ask for your permission to record the audio. The officers have no access to the tape, so tampering is not an issue. The officer may ask for verbal permission to search, which would be recorded, as well as your response, but written permission is more commonly requested these days. Upshot: whatever you consent to, or refuse, will be recorded.
He said they use these tapes to root out the bad cops with bad attitudes, or those that profile, intimidate, or otherwise coerce a search with no probable cause.
Bottomline: Respect and politeness (the golden rule) is the best approach whether you consent or refuse. If the cops detain you unreasonably after that or in any other way misbehave, it is on camera (and audio). If you have a good attitude, that is also recorded and reviewed.
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The difference between theory and reality is that in theory there is no difference.
"God made man, but he used the monkey to do it." DEVO
Last edited by Ratman; 10-01-2003 at 07:01 PM..
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