It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Originally posted by SpectreDC
reply to post by gwydionblack
I've heard plenty of other horror stories how if you decline to be searched, they will take it as reasonable suspicion that you are hiding something and thus search regardless. How exactly do you win in such a situation?
In this case it depends on where you are. State and even local laws differ all over the country when it comes to "reasonable suspicion", "probable cause", etc, etc.
I don't know where you were in OK. I don't know OK's search and seizure laws.
I'll tell you this though, there is not a federal, state, or local law that makes the denial of consent reasonable suspicion to search a car. Not a single damn one.
If I was your friend, firstly I would never have given him consent. If he was rather adamant in receiving consent, I would have asked for his badge number and supervisors name immediately. I would also recite verbatim the areas laws (I'm not kidding when I say I can recite my local and state laws related to these sort of events verbatim).
I would dare the officer to mess with me. Because if he did, and he did something he can't do, he wouldn't be an officer anymore. I'm a tenacious little asshole like that.
Again, I tend to travel with some form of recording device. And I do so for good reason. I can tell you this though; I've gotten a cop thrown off the force before. In fact, I quite enjoyed it. And I'm willing and able to do it again.
Keep in mind with all of this, I show respect. I don't respect his authority, but I respect him as person trying to make a living. I don't WANT to get a cop thrown off the job but if a cop wants to # with me I will do it in a heart beat.
The thing about police encounters is that people tend to be ignorant of the law. If you're not ignorant of the law, you're pretty much in the clear. Cops use ignorance of the law to their advantage.
The "Flex your rights" video posted is a good one too. Watch it. It gives a general idea of what you should do.
And I apologize for defaming your character slightly. I forgot the tidbit where it was your friends car and not yours.