Posted on Jul 8, 2015
Should I consent to a search on a traffic stop if I have nothing to hide?
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Years ago when I was 16 years old (I am 38 now) I closed at a store I was working. I drove an older friend home that lived somewhere that took us on a dirt road. My friend was in his early 20's, he had long hair, tattoos, and he played in a rock band. A sheriff's deputy initiated a traffic stop on my vehicle past midnight. I do not recall making any traffic code infractions and my car was in total compliance of the law. The deputy did not state his probable cause, and I did not know any better to ask. My friend knew, but he didn't want to advise me as it might arise to further interaction with the deputy. The deputy requested to search my car. I felt compelled to answer yes for I feared I would go to jail, or I would be out there longer in the middle of nowhere. The deputy found nothing as there was nothing, and he released us. My friend told me the deputy thought we had drugs as he was guessing due to his long hair and tattoos.
My advice: DO NOT CONSENT TO SEARCH and after you refuse, ask the police officer politely for their probable cause.
Some of you might know already, I am an MP and I have conducted over a thousand traffic stops. I have treated people with the utmost respect, and I acted under the color of the law with every motorist. I want to share my experiences with fellow SMs and veterans.
If you do consent to a search, know your car. First, is it your car? During my experience, people who consented to a search or received a traffic stop from me did not know anything about the vehicle they were operating. Do you remember that camping trip from two weeks ago? Did you leave the knives for cutting fish under the seat? Remember, if you are operating, you are responsible for the registration, the insurance and any item in that vehicle.
As some of you already know, just because someone is a police officer, it does not mean they are a good person. Police have been known to plant evidence. Counties get money from court fees and fines so remember that. Consider recording your interactions with the police because they will record their interaction with you. There are other ways for a police officer to search you care without consent so if you want to know, just ask.
Do you have any experiences to share or questions to ask?
My advice: DO NOT CONSENT TO SEARCH and after you refuse, ask the police officer politely for their probable cause.
Some of you might know already, I am an MP and I have conducted over a thousand traffic stops. I have treated people with the utmost respect, and I acted under the color of the law with every motorist. I want to share my experiences with fellow SMs and veterans.
If you do consent to a search, know your car. First, is it your car? During my experience, people who consented to a search or received a traffic stop from me did not know anything about the vehicle they were operating. Do you remember that camping trip from two weeks ago? Did you leave the knives for cutting fish under the seat? Remember, if you are operating, you are responsible for the registration, the insurance and any item in that vehicle.
As some of you already know, just because someone is a police officer, it does not mean they are a good person. Police have been known to plant evidence. Counties get money from court fees and fines so remember that. Consider recording your interactions with the police because they will record their interaction with you. There are other ways for a police officer to search you care without consent so if you want to know, just ask.
Do you have any experiences to share or questions to ask?
Posted in these groups: 
31B: Military Police
Police
31B: Military Police Police
Edited >1 y ago
Posted >1 y ago
Responses: 37
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Have always been a law abiding citizen that doesn't drink and drive or do drugs. So therefore have no reason not to. Hell he wants to dig through the crap in my floor go right a head. Just make sure that it comes off after touching it. Might find a week old burger in a bag or something the kids have left under the seat. Just sayin!
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SGT William Howell
I once found a nest of mice in the floorboard of a car that people were driving in.
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"Just say NO" - Is your right.
I conceal-carry and always inform the officer - not that I get pulled over much - it's just common sense.
However I sometimes carry an AR-15, M1A or other rifle and ready ammo in the trunk.
I like to shoot after work as have several friends who are happy to let me drop by as long as I let them bang away too.
I conceal-carry and always inform the officer - not that I get pulled over much - it's just common sense.
However I sometimes carry an AR-15, M1A or other rifle and ready ammo in the trunk.
I like to shoot after work as have several friends who are happy to let me drop by as long as I let them bang away too.
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No, you don't have to. If you portray the image of law abiding citizen and there is no glaring PC or reasonable suspicion, the cop is just going to warn you or write a citation and let you go. He is not going to want to waste time wanting to search you. However, the time of night, your age and appearance, the car you are driving, and passengers in your car can create enough reasonable suspicion for the officer to ask probing questions to get probable cause. Some are bored and start "fishing" if they think you may be up to something. Keep in mind that there some (not all) police officers that are just bullies and the second you challenge them something triggers in their heads and they will go out of their way using every legal loop hole at their disposal to make the next hour (or more) miserable for you just because they can. You are not legally obligated to answer any probing questions not pertaining to the reason for the stop, like where are you going and where you are coming from. But if you don't answer, you are challenging their authority and being uncooperative and they can't stand that. Using lawyer lingo and constitutional rights just pisses them off even more and they will show you how they can legally circumvent all that and there is nothing you can do about it. "Reasonable suspicion" is subjective, and they probably have a playbook of reasons to use and when to use them. Again, not painting with a broad brush here. Most LEO's are well composed and professional. But it happens. So, if you get in this situation, you have two choices, comply and submit, or refuse and risk getting f#cked with on the side of the road for the next hour.
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Here's my take on it: Even if I have nothing to hide, the LEO is still wasting my time. The worst thing I have on my record is a speeding ticket and I've never used a drug in my life. So him searching my vehicle would in fact be a waste of both of our time. Second, imagine if other government offices were to take an expediency over legality approach to the Constitution. That's not a precedent I want to support.
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you really only have to consent to one if the officer has probable cause or a warrant.
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LTJG (Join to see)
As regards a vehicle, a police officer can search with A. consent, B. a warrant, or C. probable cause (PC). Your consent is not necessary if PC exists or there's a warrant. If the officer is very confident in his PC he can basically search first and have it established in court later. It's important to note that only reasonable suspicion is necessary to pull you over and ask questions. PC takes an extra step of there being some fact or facts that confirm the officer's suspicion (ie you were swerving and when he walked up you smelled like booze). It's also important to note that subject to the "plain view" doctrine, anything in plain view can establish PC and thus justify a further search. I won't give legal advice here but let's just say the original poster made some good points about freedom to consent or not.
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SSG Robert Ricci
Your answer is uninformed and incorrect. The question raised was a consent search. That means the officer is asking for your consent to search your vehicle. That means he doesn't have reasonable suspicion, probable cause which does not require Reasonable Suspicion, or a warrant which also does not require probable cause or reasonable suspicion. It's like a step ladder. You start off with consent at the bottom. But if the officer to text and odor of marijuana coming from your vehicle for example you got a problem.
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In my years as a police officer in the 70’s to 90’s.
Yes, most guys that had long hair with tattoos, did drugs or had drugs on them.
But understand, in the 70’s and early 80’s, drugs were a big thing with the younger crowd, and young men dressed to look like they were into drugs, something like guys who dress to look like a Biker Outlaw.
Labeling themselves as drug person, caught police officer’s attention, hence, as if there was a sign on their back saying, “Check Me Out, Mr. Policeman!”
An attitude to compliment the look, got more attentions from police officers, like a Pat Down, search for firearms, or drugs in the vehicle.
In the wee hours of night, a lonely back road, or early morning hours, in the 70s and 80s days on the streets, either the young men were intoxicated, on drugs, looking for trouble, or had an interest in criminal activities.
“Maybe a corpse in the trunk, or even someone who just closed the store, who was thought carried the preceding’s of the day home, and placed in the trunk to go to his residence for money, True events, Sir.”
In my days on the streets, things were very deferent than now a days, but you asked for experiences.
Were there any that didn’t fit into those categories, to have brought attention to a police officer, who didn’t deserve that street attention treatment? Of course there were some, but that is where a good street wised police officer experiences comes into play, and filter out his intended actions of the situation.
Yes, nobody deserves to be treated badly and shouldn’t be, but if you look the part, then play the game as did your friend did, and end the situation, Pronto.
Very seasoned street wised police officers eventually find out, that it’s better to “PREVENT” criminal activity, then ATF (After the Fact) action.
In the night hours, we checked parked cars in well-known love areas for the young, at beaches or in a dark area.
Who knows, maybe a young girl on a bad date, was being raped in a dark area. And, a suspicious police officer checking for such activity, interrupted the rape. “A true event, Sir”.
To end, Sir, Yes all deserve to be treated with the upmost respect.
On a military base, the people you approach are much deferent than people outside of a military base. As well as the people you meet during the day hours, working hours, night hours, and wee hours on a lonely street, especially those that look the part of the criminal element.
"SALUTE"
Yes, most guys that had long hair with tattoos, did drugs or had drugs on them.
But understand, in the 70’s and early 80’s, drugs were a big thing with the younger crowd, and young men dressed to look like they were into drugs, something like guys who dress to look like a Biker Outlaw.
Labeling themselves as drug person, caught police officer’s attention, hence, as if there was a sign on their back saying, “Check Me Out, Mr. Policeman!”
An attitude to compliment the look, got more attentions from police officers, like a Pat Down, search for firearms, or drugs in the vehicle.
In the wee hours of night, a lonely back road, or early morning hours, in the 70s and 80s days on the streets, either the young men were intoxicated, on drugs, looking for trouble, or had an interest in criminal activities.
“Maybe a corpse in the trunk, or even someone who just closed the store, who was thought carried the preceding’s of the day home, and placed in the trunk to go to his residence for money, True events, Sir.”
In my days on the streets, things were very deferent than now a days, but you asked for experiences.
Were there any that didn’t fit into those categories, to have brought attention to a police officer, who didn’t deserve that street attention treatment? Of course there were some, but that is where a good street wised police officer experiences comes into play, and filter out his intended actions of the situation.
Yes, nobody deserves to be treated badly and shouldn’t be, but if you look the part, then play the game as did your friend did, and end the situation, Pronto.
Very seasoned street wised police officers eventually find out, that it’s better to “PREVENT” criminal activity, then ATF (After the Fact) action.
In the night hours, we checked parked cars in well-known love areas for the young, at beaches or in a dark area.
Who knows, maybe a young girl on a bad date, was being raped in a dark area. And, a suspicious police officer checking for such activity, interrupted the rape. “A true event, Sir”.
To end, Sir, Yes all deserve to be treated with the upmost respect.
On a military base, the people you approach are much deferent than people outside of a military base. As well as the people you meet during the day hours, working hours, night hours, and wee hours on a lonely street, especially those that look the part of the criminal element.
"SALUTE"
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I was a cop 30 years full-time than a court official 12 more years and overlapping some of that time I was an MP active in reserve component in the Marine Corps reserve active army and army National Guard. I was an MP first sergeant and ultimately a police chief, after serving as a sergeant detective and lieutenant. Back then I always hope people would consent to a search now as a civilian I still bleed blue but honestly, if I would stop and ask for consent, I wouldn’t get it. What’s the random purpose of them asking me for consent? I have nothing to hide but we live in a free society with a fourth amendment. If law-enforcement has circumstances And or probable cause pursuing to the Carol doctrine due to the mobile nature of a vehicle and the potential for destruction of evidence if they have grounds to search, they can do it or apply for a search warrant, but I’ve got better shit to do than (submit to a search for no reason so I would say no now And I’m still as hard-core of a Kopp as I’ve ever been as far as my mind
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Suspended Profile
As a retired police office I can tell you NO!!!! Some young officer may threaten to call for a K9 just tell them… “Go ahead I have time do you”. There is an actually time Time limit to conduct a traffic stop with most being around 10 - 15 minutes and that’s too much time. I got my time down to about 7mins and that’s with writing a citation. If an Officer hold you on a traffic stop for an extended time fishing without out a citation immediately file a complaint. You can also file A complaint with the Townhall or county commissioners office. LEO hates when you go over their head to their real boss the Mayors office or County Seat. Know your rights
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Technically, you have to allow the search. Driving is a privilege, not a right. If you have nothing to hide, and the officer is being polite and respectful, then just agree. If they are being assholes and disrespectful, then tell them "No". BUT DO IT RESPECTFULLY, DON'T ANY IN WAY START BEING DISRESPECTFUL BACK. YOU WILL LOSE THAT CONTEST!!!!!!!!! Make your complaint at a later time, NOT ON THE STREET. No civilian ever wins that contest. I speak from experience, not only did I serve 6 years in green in the USAR as a 95C- 95B and 23 years in the Thin Blue Line.
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