I'd probably refuse the search if i couldn't find a good hiding place in my vehicle, one up high in the middle. Throw off the dogs scent with deer unrine on the tires or cat hair on the seats, have a cat in the car. This throws off their prey drive. Wrap your baggies right before you go out so the cannabis doesn't have time to permeate. Remember that touching weed with your hands gives off smells to the things you touch, so gloves help. The police cars dash cam is your best witness and will be used as evidence in court you refused a warrentless search.
Well the video camera maybe not, but I dont see why not about everything else. I'm not breaking any laws I just want to see first hand what happens in my area when I refuse consent to a search.
When I saw the video saying to consent to the search I was surprised and decided against that piece of advice. The one time I was arrested we refused consent, they searched anyway, we lost our herb but we also were let out on O/R and the statute of limitations ran out. There was no way the cops could prove that the search was legal and they knew it...we kept our mouths shut in jail and the D.A. never prosecuted and I believe part of why is b/c the cops cam showed us refusing consent. Never consent to a search, even if you have nothing, an unscrupulous cop will plant something on you and once you give consent you might as well drop your drawers and bend over, there is no going back.
if you refuse a search he could hold you until he gets a warrent and then take your car apart and find every last piece of shake or roach
So hes gonna make you sit there for a couple days to obtain the proper paperwork for a warrant? A warrant takes a few days at least to obtain, especially if they have no real probable cause to try and issue one.
While that is kind of accurate about being under arrest or detained or being free to go, don't you think that if he has you pulled over and is at the point of wanting to conduct a search that chanes are you are now at least being detained and he isn't going to let you leave. The can keep you detained for a reasonable amount of time in order to finish their investigation, there is no set time. What? That is wrong, that they have to have 5 points of reasonable cause to search without a warrant. You may have talked to a state cop but you either didn't understand or you are not quoting him correctly. You have to have more than probable cause to conduct a search without a warrant. It does not take a few days to get a warrant. Why would you even think that, a few days? Then that next statement that they can get one with no real probable cause, yeah right. Good luck to any officer to get a warrant without probable cause. Here's how that one would go. Judge: So Officer Fatback, let me see you want me to issue a warrant without any probable cause. You have no evidence but you want me to issue a warrant. Officer Fatback: Yeah, I have no indication whatsoever a crime is being broken much less it is this suspect. Can I just invade his home/car and crush his rights? Judge: Hmmm, ok, well no. Ok, I've only seen like one decent post in this thread, one that was near sensible and that was about basically your refusal to give consent can't be used against you in order to obtain the warrant. It isn't like our example officer, officer fatback can do this. Judge: Why do you want a warrant. Officer Fatback: Well he was speeding and when I pulled him over he was playing Bob Marley music. I asked if I can search his car and he said no. So therefore because he said no he is hiding something so let's find it. That's all I have. My partner Office Porkcop has him detained on the side of the road, waiting for you to sign this warrant. Judge: No. Probable cause doesn't allow them to search a car without a warrant. They have to have more than that. If they don't but you consent, you are voluntarily giving up you right to protection from the 4th amendment against illegal search and seizure. If for some reason you think that they won't find your stash and you are certain then you may want to consent. Maybe the guy hiding it in the shoe would be a good example of this but there's still a chance. Don't think that cops are stupid and that they don't know about this "hiden little area under you dashboard" or behind the spare tire in the trunck or any of those cool places that you just found while cleaning your car out and you thought "wow, that's a cool place to hide my bong." If they have any experience on patrol, they know must of the little holes and empty spaces on most models of cars.
Well I heard straight from a police officers mouth that the odds of you being detained till they issue a warrant is slim and none because there is alot of paperwork that goes into issuing a warrant. HOWEVER some states do allow telephonic warrants where a phonecall to the judge could lead to a warrant. But in my original post I was saying there is a very slim chance they will try and issue a warrant especially if there is nothing tipping them off.