"I do not consent to any searches" ever denied?

Well i found out how if a cop encounters you, they cannot just randomly search you and they have to have a probable cause. So heres my question-

Has anyone ever said the "i do not consent to any searches" to a cop (on foot, not in car), but the cop did not care and still searched them. Because at my school there is usualy 1 or 2 cops there either wandering the halls or outside, and they're pretty intimidating, they've asked me what i was doing and if i like school lol. I look like an obvious stoner (long hair etc.) and i usually carry weed on me at school and was wondering if the "i do not consent to any searches" would work on these cops?

 

Why don't you call your local bar association and get a referral for a criminal defense lawyer. You can usually get a free consultation.

But yes, in general, you can always decline a request for a voluntary search. And, in general, a refusal to consent to a search can not be used to support the "probable cause" needed to search you.

Peeps have a lot more right than they think...of course taking criminal law and criminal procedure in law school helped me to understand a little.

 

The short answer is, no it wouldn't work in any of those situations. Only in one would you have a chance.

If you are walking down the street to a grocery store and cop wants to search you, technically he has no right unless he believes you may have a weapon or you have done anything illegal. The Supreme Court made this ruling very loosely so there really is no real need to prove that you might be armed.

At school you have no rights. Try to give a school cop shit and he'll have your ass in the office with his hand all over your dick looking for something to get you arrested.

 

Sorry for the double post.

I thought the whole point of being able to decline a search was also to not have to worry about incriminating yourself just by using your rights. The cop may become more suspicious but he gains no ground if you refuse a search. His only option left is to bring in a dog or find some reason to place you in cuffs. If he can find any reason then he has the right to search your car.

 

No but im talking about at school and around the school, since i look like the stoner and the cop probably knows i am, if he starts questioning me and asks, "empty your pockets", or "get against the wall", could i simply say "sorry i do not consent to any searches" or becuase its at school or around the school then would the cop just slam my ass against the wall?

 

Thats pretty dumb that you carry weed on you at school you should try to never take weed to school its to risky.

 

Thats why im asking this question, because im thinking of all the risks. If you really think about it, theres not that many risks, because if you mind your own buisness and dont act stoned or be a dick to the teachers then its not like they'll search you. The only risk is these fucking pigs, thats why i sorta asked the question. Its a harsh world we live in man, sometimes i wanna hide from everyone and live in the jungle

 

At school, you're fair game for the School "Resource Officer". Its school property, just like their lockers, your car if you park it there, or you. What you would need to say is "I would like my parents to be present for any and all questioning and/or searches." At school, that is the best your can do to Cover Your Ass.


ps. dont bring weed to school. i know i know.

pps. be safe. Dont ruin the next few years of your life with a possesion charge.

 

you basically lose your rights at school so dont bring your shit there

 

Just because it's on school grounds doesn't mean its school property, at least where I live, so they cannot search you, your backpack, car, etc without probable cause. They can search your locker and get a dog though.

 

so basically i become school property when im at school and they can search me whenever they like? wow, this world is fucked

 

They aren't going to search you and waste your time unless you are snitched or act suspicious though. I love not having school cops (private catholic school), because honestly if one of my teachers asked if I had something illegal on me I would tell them to fuck off and walk home.

 

you have the right to bear arms.. i could walk down the street with a shotgun and no one could do shit unless they felt threatend...

if you have a lisence for concealed weapons you could keep a glock in your pocket at all times and a cop cant do crap.


and there was a case in like 68, when a few school kids got kicked out of school for wearing black arm bands protesting veitnam, it went to the supreme court and the kids were allowed back in school. htey came to the conclusion your rights are not shed in school. you could say to the cop that you do not agree to voluntary searches, and without evidence you commited a crime or broke school rules, they cannot search you.

 

^That case is irrelevant to searches. In school, they can search you, your bag, your car, your locker, or whatever on a whim.

 

lrelevancies are irelevant

The point of that case was to say your rights are not shed when u enter school. Atleast not from what they're teaching me in school. Maybe my teachers terardud. I don't know.
To say your rights are not shed doesn't have anything to do with school policies if the policiies are openly stated

 

If you can't even grasp the basics of a Civics class or American Gov't and Politics class then you shouldn't be giving advice.

Tinker v. Des Moines has nothing to do with your physical rights on school property.

Terry v. Ohio was the cased that ruled on what is now called a "Terry Pat". The wording was extremely loose but it came down to the officer had to have a reasonable suspicion to search you.

Carrying a shotgun down the street is illegal as far as I know. Most states require guns to be in a case.

Getting a license to carry a concealed weapon is a different game.

Now to the point of this thread. On school grounds you sacrifice all rights. If you park on school grounds you probably signed away your rights like everyone else. Your locker belongs to the school so they can go through the contents at any time. You can be physically searched by some people while at school. At my school an administrator was required. The only thing you can do to buy time is to request your parents to be present.

 

yes i was definately wrong on that one. i appologize.

marcowasright is definately right.

except for the gun thing. if no one feels harmed, it is not illegal. unless my teachers a complete dumbass... which she probably is..


i really dont know why i said that. i was very tired and i guess i didnt understand the question well enough.

 

this is amazing, even insane. a heartfelt apology right here on hipforums. but anyway, yeah schools will bullshit you just like a dick cop would. you have little rights in school, especially with the zero tolerance policy schools are imposing now.

 

haha i wouldn't go as far as heartfelt. i was a dumbass and admitted it.

my sisters friend just got EXPELLED for having an airsoft gun in his car... the cop saw it in his car and gave him enough proof to search his entire car and get him expelled... it was a fake pistol that shoots plastic pelets at low speeds. it had a frickin orange barrel..
me and my friends love airsoft... sorta like paintball, but waay more fun and realistic. look it up

 

when you are in a school or any other establishment you have limited rights. you most abide by their policies. so basic basically do not put your self in the situation that you may be searched. When it comes to your car if you do not consent to a search they cannot search your vehicle without probable cause. It is your property and if they want to search it they must obtain a warrant. But if you are searched and something is found they have all the probable cause they need.