If I get pulled over for making a rolling stop and the officer asks to search my vehicle?

NM505

It's your constitutional right against illegal search and seizure, so a police officer needs a warrant to search your car, home, body, etc. However, there are 3 exceptions.

1. You give him permission to search
2. There is something in plain sight to the officer
3. The officer has reason to believe that someone is in grave danger.

Based on what you said, it was probably intimidation. You did the right thing by telling him he needed a warrant. If he is suspicious that you may be hiding something in your car, he would have the right to get a warrant. However, as you noticed, this is a big hassle for him, so unless he thinks it's worth all the effort to get the warrant, he'll usually find "more urgent business". Police officers know what rights you have, but it's not uncommon that they will try to intimidate you into giving up your rights because it makes their job easier. It's especially common for them to do this to younger people since they are more likely to be intimidated and usually don't know their rights. For more info, research the 4th Amendment to the US Constitution.

I'm not a lawyer. I am graduate student studying accounting, but I've had to take a lot of law classes for my degree.

Richard B

Yes he would have to get a warrant. but for what? Being a ex federal policeman.,The police have to ask for permission to search your vehicle on a routine traffic stop. There was no probably cause to search the vehicle, unless you had something illegal in plain view. It is your right to refuse. They can get a warrant, or wait for a canine unit for drugs. But this would be an unlawful detention charge on the Policeman.

lifeisgood

The supreme court deems that acceptance of a driver's license is implied consent to search of your vehicle. He asked to make it official. Yes he could get a warrant without any trouble and searched your vehicle, in fact the only thing he needed a warrant for was to search locked containers other than the glovebox and the trunk.

smiley

They can't search your car without a warrant. If they have a good reason to search, such as suspecting drugs, then they will call it in so its all legal. He might have just suspected you had something but didn't have any proof. If you have nothing in your car it's usually better to just let them search it.

fr_chuck

to get a warrant he would have to have probable cause, on a traffic stop had he had the probable cause , he would have searched anyway, without a warrant.

He could have called for a drug dog, ( our state police do that often)

But he was just giving you a line of bull to search your car.

NCAF33

Wow - alot of hostility in that last post. Your right - he was most likely bluffing. Unless your leaving out important details, he probably didnt have probable cause for a search.

The overwelming majority of police officers are not corrupt (and Im not saying this guy was).

hardcoco

If he had probable cause, he could ask for a warrant. But you did the right thing, no warrant no searching the car.

meathead76

What were you trying to hide? Why not just let him look, unless you were hauling your dope around?

temptnu37076

if you were rolling you did not stop. Theoretically before an officer can search your car he must have a reason. In practice - they tend to create reasons which do not typically hold up in court. In reality, it doesnt matter because even though the charges will be dropped - they still got your dope. NEVER, NEVER, NEVER consent to a voluntary search. Protect your rights to privacy. Rage against anything that threatens what you are constitionally entitled to - To be free from unreasonable searches and seizures is what the framers had in mind.

drunkbomber

It was an intimidation thing. Unless they have some kind of probable cause they cant pull a warrant for something like rolling a stop sign. Cops will say anything to get what they want and they normally can get away with it, which is sad.

sparkie

He was definetly trying to intimidate you. Good for you, you didn't cave in.

Kalahari_Surfer

hope you got his badge number or vehicle registration to report him:))

glen t

he has to have probable cause to get a warrent. he was bluffing.

lilceltgrrl

If I remember a class in constitutions, and specifically in individual liberties I took in undergrad correctly, then I think that the only time that they have a right to search your car legally is when they visually "spot" something that could be conceived as illegal. I know this isn't very reassuring, but the police, constitutionally, do have alot of "wiggle room" when it comes to searches and seizures. In the end, I think he was just bluffing and legally he would have had to have had a warrant to admit anything in court.

He could have and some officers do. He may really have gotten "called away", as you put it, or he could have just decided you weren't worth the trouble.

jesito_sascec

Yes it was an intimidation deal. If you say no he can try to call but it will be some time before he gets it (has to go to a judge first). I would go to the police station to complain, bring a lawyer, it'll be fun.

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