Additional info of interest
THE FOLLOWING INFORMATION IS IN NO WAY MEANT TO REPRESENT YOUR LEGAL RIGHTS, ONLY GENERAL INFORMATION.
You Have the Right to Refuse Search Requests
Consenting to a search request automatically makes the search legal in the eyes of the law. And the 4th Amendment doesn't require officers to tell you about your right to refuse.
If police detain and frisk you, you have the right to clearly state your refusal to consent to the search. For example, you may say "Officer, I'm not resisting. I do not consent to this search." But you should only verbally refuse. Never physically resist.
Whether or not they frisk you, an officer may ask you a series of questions, which may include something like "You don't mind if I have a look in your car?" While this might sound like a command, it's usually a request -- and the 4th Amendment protects your right to refuse search requests.
In response to such request, you may politely decline by saying "Officer, I know you're just doing your job, but I don't consent to searches." Some officers may use their authority to make you feel obligated to prove your innocence by asking "What do you have to hide?" Don't fall for such tricks. If necessary, repeat your refusal.
So if you're pulled over, don't try to figure out whether or not the officer has probable cause to legally search you. You always have the right to refuse search requests.
Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
The 4th Amendment protects your right to refuse search requests, but you must clearly state your refusal for the protection to legally apply.
Before searching, he must observe something real. Common examples of probable cause include the sight or smell of contraband in plain view or plain smell, or an admission of guilt for a specific crime. The presentation of any of these facts would allow an officer to perform a search and make an arrest.
Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.
Keep in mind this ALL changes if you have already picked up and have a "friend" with you. Your friend could very easily give officers reasonable doubt and keep in mind that if your friend has anything "on" them they're in YOUR car.
Also, on a side note.
It's commonly believed that undercover police have to reveal their identity when asked. This is false. Police are allowed to lie.
Undercover officers in particular are very skilled at manipulating suspects and concocting clever stories to conceal that they are police. Police can also use drugs and do other things you wouldn't expect a cop to do.
In other words, don't ask the girl if shes a cop or affiliated with LE because if she is, then she's going to lie and if she isn't, well, you're still getting the same "no" answer so it's really a redundant question.
Sorry, I know this is longer than usual, but I felt the need to inform.
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