Refusing vehicle search?

[bengi]

Has anybody ever refused a vehicle search and avoided it?

Always wondered if its actually possible. I can see refusing and the cops search anyways. They can use simple tactics, like they smell marijuana which maybe probable cause regardless weather they did or not etc.

I can see it possibly being useful to refuse regardless to help your case in court maybe.

W/e I'm traveling with large(er) amounts of weed, I would def refuse anyways.

Any experiences?

 

[LIBERTYCHICKEN]

I have several times (not to many)

I would say your going to have K9 their about half the time (In my area) but it will be different everywear , and even for everybody , Are you clean cut

If you smoke MJ in your car and dont have anything in their just let them search , Rember most MJ non smokers can pick up the sent after being smoked for quite a long time (months)

Theirs a current case in court that somone is sueing or trying to have charges droped becouse off the time it took a K9 to get their. Its said to be a case that will set standards

 

[JointOperation]

in some states.. the smell of burnt or smell of non burnt cannabis isnt probable cause anymore...

but yes. you can refuse.. but now.. since they cant do certain shit.. they are just calling dogs in.. if the dog hits.. thats probable cause for a search..

so in reality.. if your traveling with anything that can fuck you.. check your lights. all of them. check anything and everything that can get u pulled over. and maybe invest in a GO PRO.. or 2.. to keep your car and outside of your car.. on video so no cops can bullshit or lie.. also.. if you do this.. put stickers on each window. of your vehicle.. saying. that your are being recorded video and audio.. some states u can only do video because of wiretapping laws.

but look up the laws in your state.. and protect yourself. look at old cases.. and how people got off.. especially shit that goes to the supreme court!!

 

[curious2garden]

Has anybody ever refused a vehicle search and avoided it?

Always wondered if its actually possible. I can see refusing and the cops search anyways. They can use simple tactics, like they smell marijuana which maybe probable cause regardless weather they did or not etc.

I can see it possibly being useful to refuse regardless to help your case in court maybe.

W/e I'm traveling with large(er) amounts of weed, I would def refuse anyways.

Any experiences?

Never give consent for a search, if you do you abrogate much of your Fourth Amendment rights. It's all about creating the record.

 

[bengi]

I'm in Canada. From what I have read, it seems to be pretty much the same here. I have been pulled over a few times for infractions (seatbelt/speeding). Thats basically my only encounter with the cops (touch wood). Mind you, I don't puff while driving or even drive after I have been. Cops around here have a hard on for dui's weather it be drinking or high.

When traveling after the outdoor crop has been chopped I always check my lights/signals etc before going on the road. Also make sure i'm buckled up. Anything to avoid being pulled over.

Just thought to myself, if i'm ever clean and the cops pulled me over and wanted to do a search to see what would happen if I refused a search. To see if they would give up and let me go w/o a search or how far they would go to break my rights and search anyways. Mind you, I would probably be a future target then or they would know that they would totally need a good reason the next time to fuck with me.

 

[DurbanP]

in some states.. the smell of burnt or smell of non burnt cannabis isnt probable cause anymore...

but yes. you can refuse.. but now.. since they cant do certain shit.. they are just calling dogs in.. if the dog hits.. thats probable cause for a search..

so in reality.. if your traveling with anything that can fuck you.. check your lights. all of them. check anything and everything that can get u pulled over. and maybe invest in a GO PRO.. or 2.. to keep your car and outside of your car.. on video so no cops can bullshit or lie.. also.. if you do this.. put stickers on each window. of your vehicle.. saying. that your are being recorded video and audio.. some states u can only do video because of wiretapping laws.

but look up the laws in your state.. and protect yourself. look at old cases.. and how people got off.. especially shit that goes to the supreme court!!

I thought that was overturned in the 1st circuit court of appeals (Massachusetts)? I believed they ruled that in a public space wiretapping would not apply (but I'm not American so take with a grain of salt).

IMO the most important things someone can do with police encounters are:

a) state "I don't consent to search or seizure of my person or property" -- that is like a legal condom for you along with refusing to answer any questions no matter how "soft" they promise to go on you.

B) video tape everything.

C) ask the police if you are under arrest or being detained. If they say no, say "then I'm free to leave and would like to go about my day unmolested"

Understand your rights and how they pertain to you in different situations (ie driving a car vs walking down the street). Safe way to travel with cannabis is to walk and not break any laws with doing so.

NEVER TALK TO THE POLICE ESPECIALLY IF YOU ARE INNOCENT

 

[JointOperation]

there was just an arrest on the news in mass.. about a female from chicopee who got arrested and had her phone recording.. in her purse.. once they found the phone.. and realized it was recording. they then added the charge of illegal wiretap BS .. as far as i seen on the net.. this isnt done in court yet.. so we shall see if it hods up or not..

 

[curious2garden]

there was just an arrest on the news in mass.. about a female from chicopee who got arrested and had her phone recording.. in her purse.. once they found the phone.. and realized it was recording. they then added the charge of illegal wiretap BS .. as far as i seen on the net.. this isnt done in court yet.. so we shall see if it hods up or not..

Where was she arrested? In public there is no expectation of privacy.

 

[JointOperation]

UPDATE, Monday, 1:14 p.m.: Woman charged with illegal wiretapping by Springfield police for audio recording of arrest, released on personal recognizance

SPRINGFIELD— A Chicopee woman apparently got a little too loud and belligerent while drinking on Chestnut Street Sunday morning, and refused to cooperate with police when they asked her to quiet down. When she was about to be arrested, police say the woman activated the voice recording feature on her smart phone, hid it in her purse and surreptitiously‎ recorded the entire arrest. Now she faces the unusual charge of unlawful wiretapping.

Springfield Police Capt. Harry Kastrinakis said 24-year-old Karen Dziewit of Chicopee was drinking in front of 140 Chestnut Street shortly before 2 a.m. Sunday when police were called to assist a security officer at that address. Police said Dziewit was screaming and yelling and disturbing the tenants of the buildings, and she refused to stop her tirade when police asked her to.

She was arrested. But, before she was taken into custody, she apparently started the voice recorder in her smart phone and put it in her purse.

She was taken to police headquarters for booking and as officers inventoried the contents of her purse, they found the phone actively recording the entire process.

Dziewit was charged with unlawful wiretapping, disorderly conduct and an open container violation. She will be arraigned in Springfield District Court on Monday.



fucked up... got family living in that area.. like 20 miles awayish.. and this chick i know.. knows karen. lol. fucked up shit there.

 

[JointOperation]

video in mass is one thing.. but audio.. without consent.. gets you fucked up.

its like the charges might not even hold up.. but they will hold you up in court.. and bail.. and take your cash.. and fuck with your life.. and put your name in the papers.. and shit.. that is just retarded.. they shouldnt be able to list anyone name in anything thats not a violent crime

 

[Flagg420]

In other words, they know they are fucked if the recording is allowed to be heard be a judge.... or jury.

If she had slipped the recorder onto a police officers person, or hidden it in a cop car, etc. Sure they can feel offended..... But she kept the damn thing on her person, she recorded herself, and the things happening to herself, and that is perfectly legal.

Youtube cops who got recorded on smartphones.... its becoming a new epidemic for cops, they have to behave now, and they do NOT like it....

 

[Mellowman2112]

USually they will wait to ask to search until after they have given you a ticket. When they ask, say no with a look like ''are you batshit crazy?"' indignant look like that. I did that and they said have a nice day and I left.

 

[LIBERTYCHICKEN]

USually they will wait to ask to search until after they have given you a ticket. When they ask, say no with a look like ''are you batshit crazy?"' indignant look like that. I did that and they said have a nice day and I left.

After one has ben given a ticket you can leagly leave , your legal obligation is over at that point (and SC backs that up)

But often a officer will keep asking questions , to try to get you to say something dumb and then leagly hold you longer. Best thing to do in this case is to say 'am I free to leave' nicely . And rember the officer can leagly lie and say no your still not free to leave or under investigation

 

[LIBERTYCHICKEN]

Their are alot of good sites on the net on how to deal with simmilar situations / and some bad

Some have printable cards, stating your rights to be invoked , and that the truck is being recorded video and interior audio , to cloud. With blank spaces for lawyer name and numbers

 

[bengi]

What about dashcam and review cams in the vehicle? Not sure if they record sound. But do you have to announce to the cop that there is video recording devices?

 

[Mellowman2112]

You do not have to tell them, the Supreme court ruled they can be recorded as they are public servants. It serves the public interests. If they tell you to stop recording tell them that you are going to file a civil rights lawsuit and go after their pension and house and car make sure that part is recorded.

 

[bengi]

I'm with you on that. Wouldn't be surprised if they tried to get you out of the vehicle to avoid being recorded. On the flip side, depending on what they pulled you over for you could refuse to get out of the vehicle? At least that maybe recorded as well depending on what direction they took. Could be violating your rights, right there.

 

[Mellowman2112]

It's best to follow instructions as far as getting out of the car, unless it's an illegal checkpoint like those border patrol checkpoints. They must have a reasonable suspicion in order to ask you to exit the car. But on a traffic stop, I would get out of the car but have the iphone in my shirt pocket with the cam peeping out and better yet have the cam directly recording to the internet there is an app for that, google: cop watch cam something named like that.

 

[Mellowman2112]

What about dashcam and review cams in the vehicle? Not sure if they record sound. But do you have to announce to the cop that there is video recording devices?

absolutely not. Unless you are in Massachusets in MASs they might charge you under wiretapping laws but it wont stick because of the Supreme Ct decision.

 

[Mellowman2112]

After one has ben given a ticket you can leagly leave , your legal obligation is over at that point (and SC backs that up)

But often a officer will keep asking questions , to try to get you to say something dumb and then leagly hold you longer. Best thing to do in this case is to say 'am I free to leave' nicely . And rember the officer can leagly lie and say no your still not free to leave or under investigation

Right, you are perfectly free to leave/ it's best to say something like '' well I'm running late I better get going'' and start to reach for the window knob to roll it up. IF they ask you some mindfuck question it is best just to not answer it, just say you have to get going your dinner is getting cold or whatnot and assume you are free to go and act like it such as starting the car, putting seat belt on. Reaching for the window knob to roll it up. '' well have a nice day I got to get home my dinner is getting cold''