If I don't allow them to search my vehicle....

This is a discussion on If I don't allow them to search my vehicle.... within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Is there any point in saying, "No", when the police ask for permission to search your vehicle? They are only going to get a search warrant and search it anyway, ...

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  1. #1
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    If I don't allow them to search my vehicle....

    Is there any point in saying, "No", when the police ask for permission to search your vehicle? They are only going to get a search warrant and search it anyway, right?


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    That is not correct. A police officer can only get a search warrant if he has probably cause to believe some crime has been committed and there is evidence of it in your vehicle. During a routine traffic stop, officers generally lack that information and would not likely be able to get a search warrant (really depends on the specific facts and circumstances). Therefore, saying "No" to a search is a perfectly legal option and a lot of times, a smart one. The reason most people allow the search is because they do not know they are allowed to refuse or they are just scared.
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    Quote Originally Posted by BrokeTheRules View Post
    Is there any point in saying, "No", when the police ask for permission to search your vehicle? They are only going to get a search warrant and search it anyway, right?
    Your post is old, but for future reference, if probable cause exists to search a vehicle, a warrant is not neccessary under the so termed "Automobile exception". Arizona v. Gant, US SC is one of the most recent traffic stop/search cases, you can find it online.


 

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