The_Walrus wrote:
^ Just politely refuse to consent to searches. You can't be searched without your consent, and if the police try anyway, then anything they find won't be able to be used in court, so they'll often give up if you just refuse. If they do continue to search, don't resist, but announce loudly, once, "I don't consent to searches".
Unfortunately, in some states and some police districts, it is legal to search individuals who exhibit "suspicious behavior" thanks to some regulations passed during the height of terrorism fears after 9/11. It is a judgment call by the officer in charge. You can also legally be detained for up to 48 hours (or longer depending on state/local regulations). If you are detained instead of arrested, you are not read your miranda rights, you do not have the right to an attorny, and you are not entitled to a phone call.
The police are also legally allowed to search your private property and person if they suspect drug use or drug activity. This is also based on the officer in charge's opinion. Thank the war on drugs for that one. So many reactionary laws have had an unintended negative impact on people's basic rights.
Yes I know this because this crap happened to me when I lived in California. Long story but I got pulled over because I forgot to put my registration sticker on my plate. This female cop was behind me with her lights on for like five minutes. Finally I saw it and was already in the left turn lane. I pulled into a gas station and then I made the mistake of moving my car up after she already got out of the car. Big mistake!
Basically I was all nervous and she basically thought I was high. I told her I have been sober for like 8 years from alcohol and did not do drugs. Then I made the mistake of putting my hands in my pocket (sort of a nervous habit of mine). After this she ended up calling her supervisor and then they did a thorough search of my entire car. "Suspicious behavior" is plenty for probable cause. At least I got off with a warning and there was nothing in my car which I already knew.
25 Jun 2013, 8:17 am
