What is the "right" answer to give when a law enforcement officer asks "Do you mind if I search your vehicle?"

We've all seen "Cops" and/or heard stories from friends on BOTH sides of the equation - cops who tell you of pulling over little old ladies for a busted taillight only to find $500,000 worth of crack in the trunk - or people who literally were breaking no laws, but they were "randomly" pulled over, and "acted nervous" so the police decided to search their car, found a crack pipe their teenage daughter's friend dropped in the back seat, and the next thing you know their life is ruined. What is the right answer to that question "Do you mind if I look in the trunk?" How do you answer that and preserve your rights? And refusing the request - isn't that probable cause for the officer to assume you have something to hide - meaning he/she is going to proceed with the search anyway? If there are any legal eagles or law enforcement officers out there who would like to posit an answer, I would really appreciate it. I think this is a fascinating issue, and I'd love to see the facts and opinions.
Additional Details
Wow - I'm really glad I posted this because it has generated such splendid, informed and passionate responses. I didn't mention (but perhaps I should have) that I am a law-abiding person, have NEVER had drug paraphernalia in my vehicle, or been unpleasant to a law enforcement officer who was doing his or her job by stopping me - and in 30 years of driving, have been stopped exactly three times - once for a broken tail light (I got a warning), once for 47 in a 35 (for which the officer decided to write a ticket for "failure to obey traffic control devices" instead of speeding - and thereby saved me points and surcharges), and most recently for using a turn lane for 125 yards too far (which my lawyer beat in court, but which cost me $375 anyway - I only fought it because it was points and a surcharge AND I thought the officer was wrong - turned out the judge agreed with me.

I also served for three years as an Auxiliary Police Officer in New York City - so I'm generally a friend of cops

KC V â„¢

Obviously, as an officer, I'm very biased! However, if you have nothing to hide and are willing to satisfy the officers "quest" then just allow the search and be on your way.

If you have something to hide...the obvious is not give consent. This doesn't mean the officer can't find other means, to include a K-9 "sniff," to gain entrance with a warrantless search.

If you have further questions feel free to email directly.

Weasel 31

OK, I am a cop and here is my answer, "Yes I mind if you search my car, my house or whatever". If we have Probable Cause to Search than we can get a warrant. I do not like fishing expeditions.

tshnobodysfool

I would never consent to a request to search. They're violating your right to privacy when they search without a warrant. The right answer is to politely decline the request - as "there is nothing to find".
If you don't agree to a search, it is not because you have something to hide as the "officer" above suggests. That is a completely BS assumption that a typical cop would probably have - so what - let them get a warrant and prove it - or better yet they search after you refuse and have all evidence discarded in court for illegal search and siezure - even if it's a corpse with the knife still in it with your fingerprints all over it.
I'm completely sick of this society thinking it's ok to violate more and more of my/our personal freedoms.

never allow a search, even if your not hiding anything. to do so only emboldens the police. make them bring the dog, why not? it doesnt hurt you any. if you dont enforce your rights then soon you wont have any to enforce. personally i always say no. sometimes i get smart first and be like, "only if i can search your cruiser, you dont mind if you have nothing to hide right?" hahahahah!!!! if he laughs and agree i just say ok but ur still not searching my car. one time they brought a dog, the dog alerted, they searched and found nothing. i think he dogs are trained to alert on command. another time the dog didnt alert, and the cop asked "why didnt you just let me search if you didnt have anything?" i told him because i have the right to say no.

Tiffany H

You have the right to refuse consent. People often say "if you have nothing to hide, let them look." Me, personally, I have nothing to hide, but sometimes my trunk is a little messy or I might be in a hurry. Plus, I generally don't like the idea of someone (even an officer) looking around in my things. If you give them the right to search you are essentially waiving your 4th Amendment rights.

Basically, it's your call, but I favor refusing consent. The worst that can come from you saying no to the officer is he/she may be suspicious of you and they may bring a drug dog over to sniff the outside of your trunk. Usually they don't just have drug dogs right there though if it's just a common traffic stop.

If you DO have something to hide, e.g. drugs or illegal weapons in your trunk, then never, ever give the officers consent unless you feel like getting arrested!

Not To Serious

NO you can not search my vehicle.

Telemachus R

All this nonsense of "if you have nothing to hide, let them search" is just that. Fear the police. They are not your friends.

eentweedrievier2007

The Fourth Amendment of the US Constitution protects you from searches and seizures without warrants unless there is "probable cause".
This means that you -can- legally refuse a search, but at the same time, if the police see a crack pipe in plain view, for example, you're sunk, and they can search your car anyway.

Eag

This stuff is only going to get worse. I hate cops.

Mr. Goodhi

The "right" answer is YES.
Never consent to a search.

Der Mann

do you yourself use drugs, guns or illegal items or do you have friends that do so...if not then let them search your car and be on your way. You can tell the police no, but that is just going to make them look harder for something wrong. And to answer one of your questions, no, simply refusing a request to search does not produce probable cause to search the vehicle, but like I said, it won't make the police officer exactly happy with you.

sevenout7

the answer is yes ...do not let them search, but if you want to get out of there in a hurry then let them, besides if they pulled you over for soemthign minor and you refuse more than likely you will get a ticket for it, whereas if you let them search and they find nothign they will let you go with a warning, whether it is right or wrong it is life, and no they cannot search your vehicle once you tell them no

magnetic_azimuth

my sister packs a pair of rotts in the back of her vehicle, never been searched

you are responsible for your vehicle, its passengers and their conduct, point blank.

i have a zero tolerance rule with anyone and everyone to include family. there is no tolerance at all for anything remotely illegal like drugs. i'm not talking about driving over the speed limit, or running down pedestrians, california stops or hitting hogs, cows, moose, or driving on the sidewalk.

yes, in todays society, you are guilty as a rule if a cop stops you just as people think your guilty if you go to court.

there is no right answer, it depends on if you have a moron or a professional, smart savy cop addressing the questions to you.

good luck

badbill1941

If you have nothing to hide, don't fight it.

Sahara

Don't break the law and you won't have a problem. Give me a break about the daughter's friend and the crack pipe. Please. Be responsible for your car and its contents. It just takes a minute to check things over. If this "friend" is an addict then signs should be all over the place unless you are completely oblivious. I don't get stopped by the police. If I were to be stopped then I would be honest. I would mention if I had anyone in the car and didn't check to see if they left anything behind. I don't usually have anyone in my car except my husband. I don't hang around any troublemakers.

Copgirl157

I have been on both sides of this. When I have been pulled over and asked I always let them search. I have nothing to hide and it only took a few minutes for them to realize this too.
On the flip side I have been in law enforcement since 2000.

If you have nothing to hide let them search.

When I have asked for consent there have always been one reason or another that had me believe there maybe something going on. If consent was not given and there were other lawful ways to conduct the search without consent I went that way. If there I was denied and I couldn't do it I just went on.

Law enforcement is a lot like fishing... You catch the ones you can. You throw the little ones back and haul in the big ones. And there is always tomorrow.... to catch another....

southernlaw

Well first off refusing the request is not probable cause. If you are pulled over there was some cause to pull you over. The best way to answer that question depends on what is in the trunk. If you have nothing in the trunk saying yes and getting it over with quickly is the best answer. If you have 500 lbs of crack in the trunk saying no and dragging it out is the best answer. I will tell you this, if the officer has pulled you over and wants to search the trunk then he will. Basic respect and compliance will make it a lot more believable that the crack pipe on the floor really isn't yours. The problem is though that no one ever claims said crack pipe and not everyone can be telling the truth!
Many people do not know this but the motor vehicle is exempt from the search warrant requirements. The Supreme Court has ruled time and time again that if probable cause for a search is there then an officer may search the vehicle without a warrant. Some departments require warrants for all searches but that is an administrative measure and not law. A hit by a drug dog is probable cause to search by the way.

Now to address your hypothetical crack pipe. How many people do you know have actually had their lives ruined over their daughter's friend's crack pipe? I have found many a crack pipe and without the crack to go with it, it is just a waste of my time and ends up broken and in the trash.
One thing to be aware of, if you hang out with drug heads and drug dealers and get caught and a bag ends up under your seat you only have yourself and your "friend" to blame for that.

MrsSilentWarrior

The best answer would be "Go ahead". If you've no drugs, open alcohol, illegal firearms or dead bodies in your car, then you've nothing to worry about! If you tell them "No" then you will just be making them even more suspicious and give them reason to find something to nab you for. Being compliant might make the difference between whether or not you receive a warning, get a ticket or get hauled to the pokey.

This is how I look at it......

If you have nothing to hide, have done nothing wrong, why would you object.

If you have illegal items in your car or a record or doing something illegal, it doesn't matter what you say. He'll search your car anyway, one way or the other.

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