Search & seizure legalities?

[Reducto]

I don't think it's necessarily about corrupt or evil cops. What I see more is the expectation many of them have when pulling you over that you are up to no good and they are determined to find proof. You are assumed scumbag until proven otherwise. I don't know if it's the way they're trained or simply the attitude they need to apply to get through their shift safely.

You can try to present yourself in a non-scummy way and hope they buy it and give up, but being in a van or older RV that's a steep hill to climb. Maybe you fall into a category they're on the look for such as being young and speaking slowly like the girl in that video. Or too poor for the nice neighborhood you're in, too rich for the bad neighborhood you're in (I got that one recently while driving my new van) etc. Sometimes they just will not break out of the mindset so all you can do is shut down the situation by politely declining to search and if necessary declining to answer any more questions.

"I'm sorry, but I don't consent to searches. Am I being detained or am I free to go?"

All they can really do at that point, absent probable cause such as drug odors or obvious signs of threat or criminal behavior, is to run your license then let you go.

 

[MK7]

I'm thinking of smiling and saying; "Sorry. I've got friends who are lawyers, and they've told me to never, EVER, consent to a search. So, NO!"

Technically, it's the truth, cause you're my friend, right? :shy:

I like that, kind of like shifting the blame on the imaginary, lawyer friend. Lots of cops have egos and I'd rather not challenge them, even though I know that in the ring/cage, I'd whoop their ass (in general). I don't want to be like the a-holes who baits the cops while filming to get Youtube views, and then racking up every single ticket possible, including a license plate that's mounted crooked or something.

It has always worked well for me to be polite & respectfull to cops. I've been let go with just a warning on quite a lot of extremely, excessive speeding situations. I just tell them I'm sorry, saw a clear road and was just showing off.....cop let me go, doing like 72 in a 45 next to a mall...  Not the first time neither. Also living in a Liberal state helps...they are so polite here.

Now if you have drugs or DUI, then it's best to remain silent. This is how cops get promoted, etc. so they're not going to let you go. I think in my State, they can take take your vehicle....horrible situation.

 

[MK7]

"I'm sorry, but I don't consent to searches. Am I being detained or am I free to go?"

All they can really do at that point, absent probable cause such as drug odors or obvious signs of threat or criminal behavior, is to run your license then let you go.

I wonder what are the chances of getting roughed up by cops, like in the movies....where they abuse their power, plant drugs, etc...

Anyone ever been discriminated against? I'm a minority but have only been profiled a few times but that was when I was driving through known drug trafficking areas....and these were Black cops that profiled me too. One time it was for making a LEGAL U-Turn! He followed me like 8 miles........I was just going for a drive after a workout. He was a polite cop though, just the constant flashlight in the eyeball was annoying. He could have hurt me for $150-300 for illegal tint if he wanted to, but didn't..probably b/c I answered all of his questions...you know, the usual....."where are you coming from....where are you heading to..." blah blah.

 

[ascii_man]

It's a good idea to be familiar with each state's laws about implied consent (a lot of people struggle with Field Sobriety Tests even sober: were you a clumsy kid but well into your senior years and fatigued after a long day?) , lawful orders, etc.

Although you know that you mean the officer no harm, try to imagine yourself in the officer's position: it's dark, you pull over a stranger (or is it several?). You feel your vest, and you feel that it doesn't protect head, neck, and arteries in your arms and legs. You think back to the Tueller Drill and realize that you're close enough that your gun can be wrestled away and used against you.

This young man seems to have watched a lot of YouTube. He's trying to become a YouTube hero, and succeeds, in a way: his leaves us a demonstration of how not to handle a stop:

 

[ascii_man]

I think this can vary wildly by locality.

I am not a lawyer, but in the US, most of these issues are Constitutional law, and almost all of the remainder are state-level issues. So one can start by reading the Bill of Rights and read the Wikipedia pages for the major Supreme Court cases: start with Terry v Ohio and see the links "Exceptions" section; plus Rodriguez v. United States(2015). You should probably use your Rodriguez rights because the dog's claws will scratch your paint and the officers will pat the car to cue the dog to falsely "alert". On the state level, look at "Stop and Identify" laws (Wikipedia again), legality of recording the police (all but 3 states, IIRC), and implied consent.

I am not a barrister, solicitor, or Canadian but I think Canada would be even more biased toward the Federal level, and only has 10 provinces.

 

[Optimistic Paranoid]

Here's a short article from the New York Post on a recent Supreme Court case that's relevant to this discussion, if only as background:

http://nypost.com/2016/04/21/even-drunk-drivers-have-constitutional-rights/