If an officer asks to search your vehicle and you say no can they search anyway legally?

stung4ever

With probable cause (ie the smell of weed), the police can search without a warrant.

cdc5112

The police must always obtain a searach warrent unless the situation follows under one of the six exceptions. In this case it sounds like the officer was seeking consent which he did not recieve therefore it was an illigal search. Almost everyone belives that saying no gives them reasonable suspison to search but that is false. They can't even ask you to stay at the scene to drug sniffing k-9 come. They are not allowed to hold you unless they have a reason.

On Time

If they have probable cause to believe that you have committed a crime, then they can search it anyway. If they didn't find anything, then of course there is no evidence to suppress, so there is really no injury here. About all you can do is file a complaint with that police department.

The law on this does not very from state to state as some are saying. This is an issue that directly falls under the 4th amendment of the constitution, so this is a constitutional issue and not merely left to the states!

Mike S

They need to have enough suspicion and evidence to be deemed "probable cause" in order to search without your permission, with some exceptions, which vary by state. (This is because state constitutions can give more rights than the federal one.)

Dragonlord Warlock

If he had probable cause, in this case he claiming to smell weed, he does not need to get permission. However, this more looks like a case of harassment, because nothing was found nor did the other officer smell anything. This cop was abusing his power to show he can and that they have no choice but to conform to his commands. You should have taken this cop's barge number and report him to the authorities. Or better yet, make him famous and post his name and barge number online as a police officer who abuses his power.

Xx-Kai-xX

Absolutely... Police officers can search anything they choose to with reasonable doubt. However, in the event of a vehicle search - they are NOT granted access to the trunk and glovebox areas (that are locked) without a judge-issues search warrant.

Senator D

Yes if they have a suspicion.

pastor of muppets

The only way they can search without your consent is by getting a search warrant from a judge. otherwise, If I recall correctly, they can only look into the vehicle for contraband.

sorry...I missed the part about the weed smell. if they have probable cause then yes, I think they can.

ambi

If they have probable cause then yes they can search your vehicle. When there is a suspicion of hidden drug the police do not need a warrant.

lonewolf1

Police need to have a warrant or a court order, and they need it to strengthen their case. Now, if a K-9 unit is there and the dog alerts to the vehicle, then no search warrant is needed, due to the K-9 alert. If the police arrest you for another reason, then the vehicle can be "inventoried" if they are going to tow it away and what ever they find in their inventory, can be used against you. This may vary from state to state on certain policies, but it is always to the officers bebefit, to have a warrant or a K-9 alert. The officer using his own nose, can be used in court, but he better have documentation and or training to justify his actions, because a good lawyer can tear apart a case pretty good, if the cops are not properly prepared.

riley's mommy

if two females were alone in the vehicle the cop can not make you get out of the vehicle unless they feel safe. they could call someone to come and be there with them. even if a female is driving in a vehicle late at night and a cop wants to pull you over you dont have to stop in a dark you can keep driving to a spot that you feel comfortable to stop at. however drive slower than the usual speed limit.

john_stolworthy

They need either probable cause or a warrant (for which they'll need probable cause). If the officer said he smelled "weed smoke" in most states that is enough for a search.

glock310

if they just smell it no they cannot search your car say NO ... and if they do take it to court and get a attorney and fight it ... also if the cop smelled weed and seen a pipe or weed or any other items for weed to be smoked in his sight he has legal reason to search your car

Carissa

I am not sure I think you have to consent to it , but I have heard the term probable cause maybe you should look into that they call it PC

Rusty Jones

The laws very from state to state on this issue. With probable
cause in alot of states, police can search without a warrent.
Generally you can not go up against the law and win, its in
their favor. Now a days they always have two cops there, other
will always back up his fellow brother in the court of law. Does
not always mean anything what they say at the scene.

theskullknows

in most states a cop only needs to have a reasonable suspicion to perform a vehicular search.

mike

If you say no and they have no proabable cause they bring a dog if the dog hits they have cause your screwed best thing to do is let them search .they might not find it the dog will.....

Enter Your Message or Comment

User Name:
User Email:
Post a comment: