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Is refusing to answer a question probable cause for a vehicle search?
If I am knowingly transporting illegal material (and for the sake of argument and moral dillemas) lets assume it's not a dead body, kidnap victim, heroine etc. And I am pulled over. Lets assume this area has many such individuals as me carrying this particular contraband, and the officer asks are you carrying any.....blank or having any blank in the vehicle. Now, If I don't want to lie to the officer (for fear of getting in even greater trouble than having my goods confiscated) and tell him that I'm not going to answer that question....I imagine that it would make me look very suspicious. Does that on a legal level (or for that matter a practical level) give the officer grounds to search my vehicle without my consent? Is there any protection against the search?
let me expand on this as very few answers are actaully answering my question. First off--on the subject of don't do this. One: who said this was anything by hypothetical and two: obeying a law for the sake of law is silly and very un-american (we were founded by smugglers, tax evasionists, rebel rousers and flat out traitors thank you) an item that is perfectly legal one place might be illegal just two miles away, be it alcohol, fireworks, throwing stars, etc. A change of geogrophy might effect law, but I find it has no effect on ethics. Nonetheless the question isn't about wether they will be able to search or not, but if refusing to answer an officer's question is sufficient cause for him to search. I know I have the "right" not to incriminate myself, but I'm also aware that in a very practical sense, taking that right DOES incriminate me. and to answer another comment, just imagine I was pulled over for a minor infraction; broken tail light if you like.
17 Answers
- trooper3316Lv 71 decade agoFavorite Answer
Warrantless searches of vehicles have been upheld by the US Supreme Court, but only when the officer has a reasonable suspicion your vehicle contains something illegal, and he is able to articulate that suspicion. Simply refusing to answer would not be enough.
The case law on this is from Carroll v. United States (The Carroll Doctrine). The Court determined there is a lesser expectation of privacy in a vehicle on a public road, so probable cause, or a warrant, are not needed. Reasonable suspicion is enough.
Source(s): 17 years law enforcement - Anonymous5 years ago
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- 1 decade ago
The only way any police officer is allowed to search your vehicle is if you give him probable cause. Example of this would be if you opened your window when he came up and smoke poured out smelling like a dead skunks ***. Then he could ask you, if you refuse he could call for backup and really mess with you. Also, don't run, evading a police officer is a serious felony. Watch the movie HEAT
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- fangtaiyangLv 71 decade ago
If you are simply driving down a public road in the U.S. and not doing anything illegal or suspicious, the officer is unlikely to pull you over or to ask you if you are transporting something illegal. If you are stopped at a border crossing, like between the U.S. and Mexico, or Canada, the customs agents can and probably will ask you about any contraband and will search your vehicle if you seem suspicious.
- CookieLv 41 decade ago
If you answer in such a way that it causes the officer to become shall we say curious, they can! I would say no and leave it at that. If he still is suspicious then he's going to search and if he finds it, it won't matter if you lie. They aren't going to end up charging you with lying. They are going to go for the illegal material. They may try to slap it on in the beginning but the lying will be dropped in the charge because you'll just claim you were scared. :-)
Why would you want to do this? there is usually one reason and that is Greed,and that will take you down so I suggest you
find something else to transport. :-)
- Anonymous1 decade ago
You can't fight it. The police have the ultimate right to do what ever they want. Even if you don't have any thing in your vehicle, it's your word against theirs. If they're out to get you they will. Police stand together, back up each others stories and fabricate police reports to make you look guilty and cover up their violations of your rights. If you are ignorant of the way the laws work and of your rights guaranteed under the constitution and state laws you will find yourself powerless to beat any charges. Cops don't even have to give you your Miranda rights and more. My best advice is if you're going to any thing illegal, do it behind closed doors not in public.
- Anonymous1 decade ago
The 4th Amendment protects you from unreasonable searches but it has been all but nullified by the Bush Administration. The Patriot Act and many drug laws allow for warrantless searches and the Republican courts now allow almost anything as probable cause.
So much for freedom and the Constitution. If Bin Ladin really hates our freedom he must be very happy that we've destroyed most of them.
- 1 decade ago
That alone is not a reason to search your car. If an officer can legally search your car there is no protection against it.
- ?Lv 45 years ago
i wouldn't in any respect consent to a request to seek. they are violating your top to privateness whilst they seek with no warrant. the main suitable answer is to with courtesy decline the request - as "there is not any longer something to discover". in case you do no longer comply with a seek, this is not any longer because of the fact which you have something to cover because of the fact the "officer" above shows. it quite is a thoroughly BS assumption that a common cop could probable have - so what - enable them to get a warrant and prepare it - or greater appropriate yet they seek when you refuse and have all information discarded in court docket for unlawful seek and siezure - in spite of if that's a corpse with the knife nonetheless in it alongside with your fingerprints throughout it. i'm thoroughly ill of this society thinking this is okay to violate further and extra of my/our very own freedoms.