Hey Oppo: Serious Question Here About The Police

"JQJ213- Now With An Extra Cylinder!" (jqj213)
07/25/2014 at 13:53 • Filed to: police question, help

No, not the band. But, let's say I get pulled over for speeding. What do I do here? Then the cops want to search my vehicle. What are my rights? What do I do? If I talk to police I get one answer but reading online gives me another. I haven't been stopped yet (knock on wood) but it's bound to happen and I don't want to seem to up front or too hidden. HELP PLEASE!

DISCUSSION (79)

Takuro Spirit > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 13:57

Just be nice, be honest, don't be a dick, don't act nervous, keep your hands in plain sight at all times and if they ask to search just say yes.

Oh, and don't have anything illegal in your car. If you bought it used hopefully you cleaned it out really well of the previous owner's leavings.

Mattbob > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 13:58

Where are you? In a lot of places in the US, there is "Implied consent"

check this out

http://impliedconsent.org/impliedconsent…

WhiskeyGolf > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 13:58

I know the procedures change based on the jurisdiction, but I think the general rule is to be courteous and polite, with your paperwork ready, and to not voluntarily admit to anything (don't say anything unless asked) and even then be vague ("Do you know how fast you were going?" "No I don't")

nFamousCJ - Keeper of Stringbean, Gengars and a Deezul > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 13:59

From what I've seen its pretty much a catch 22 when they ask to search your vehicle. They need probably cause to search - similar to need a warrant to enter a dwelling, your vehicle is an extension of that. Here's where it gets gray "can I search your vehicle" "no" well you must be hiding something that's why you don't want the vehicle searched so blammo probably cause.

So odds are if you're worried about it getting searched make sure you don't have anything you don't want found and have all your permits squared away.

JGrabowMSt > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 13:59

Be super polite, answer all questions with "Yes, Sir." or "No, Sir."

If you know you did something stupid, be very scared. In fact, just up and cry. Cops hate to make people cry. There's a threshold where this will no longer work, but give it a shot.

Oh, and if they want to search your car, I have my own way of thinking about this. I have nothing to hide. I don't do drugs, and I don't drink. I know full well they aren't going to find anything in my car. If they want to search it, I will gladly tell them I have nothing to hide, they wont find anything, but I would like to see a search warrant as it's my right. That's a big gamble. You can get pulled out of the car, or you can have a good cop be polite about it. The difference is your attitude.

Just remember. Face forward, two hands on the wheel. Turn off the vehicle when you pull over. No sudden movements, and don't lie. Cops will see right through it. Doesn't matter who you are, or what you did, they will know.

spanfucker retire bitch > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:00

They have no right to search your vehicle without a warrant or claim exigent circumstances. A lot of times they'll bring a drug dog over to try and get access to your vehicle, because they have ways of making the dog act like it smells something, even if it hasn't.

That's all the evidence they need to do a search of your vehicle, however if they just pull you over and ask if they can see your trunk, or search your vehicle, you can tell them no.

Jonathan Harper > Takuro Spirit
07/25/2014 at 14:00

This is good advice. I have gotten out of many tickets by following most of these, with a touch of submission just to let the officer know that he or she is in charge. Officers of the law HATE feeling like they are not in charge.

Stapleface-Now Hyphenated! > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:00

While I believe they need a warrant, I just agree to a search as I have nothing to hide. Most often times I think that they want you to say no so they will search. If you tell them yes more ooften than not they won't.

Milky > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:01

I've been pulled over….. fuck ….. 15+? times, and I've never had my car searched. Be polite and don't be stupid and you'll be all right.

*I really need to stop speeding.

macanamera > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:01

Well, everyone always says don't consent to being searched, but my opinion is, if you are totally clean, no pot, no alc, no chance of getting in trouble from a search, then let them search, and visibly cringe every time they open a new compartment as if they are gonna find something terrible. Then, at the end, when they come up empty handed, be like:

Kinja'd!!!

JQJ213- Now With An Extra Cylinder! > Takuro Spirit
07/25/2014 at 14:01

Like I said its really confusing because Ive heard from people that sometimes being so easy going about searching makes them think I'm self-incriminating myself.

Im just lucky my car is new and I don't let anyone else in it really. The car is spotless and there isn't anything to be found. I just wasn't sure if im supposed to let them go searching or not.

Because the way I see it, I'll be driving home from work (which is late) and get stopped for speeding and they will think I was up to something since Im a teenager so Im sure they'd ask to search. Especially since I have to drive through an area known for high drug and narcotic sales.

sm70- why not Duesenberg? > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:02

Cooperate, be polite and friendly, and don't argue. I have seen many a ticket avoided by my parents, by them simply following these steps. Actually, all but once they've been laughing and joking with the cop by the end. Seriously, for minor infractions, attitude makes all the difference.

spanfucker retire bitch > Mattbob
07/25/2014 at 14:02

Doesn't look like it includes searching of the vehicle.

HammerheadFistpunch > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:03

my rule of thumb is; if they pulled you over...you were breaking the law (more than likely) and so whats the point of being evasive about it? You broke the law, they caught you...the end. Just comply with the officer and try to stay off your phone, you can tweet about it later.

Mattbob > spanfucker retire bitch
07/25/2014 at 14:03

you need to check out your states specific implied consent laws.

JQJ213- Now With An Extra Cylinder! > macanamera
07/25/2014 at 14:03

Like I said thats where all my confusion is. Some people say NO WAY THEY NEED A WARRANT TO SEARCH and stuff but others are like don't consent because it seems like you are self-incriminating yourself.

But then those who say just go ahead and let them also bring up good points.
I have nothing in their to hide. So I guess I should just let them?

As you can see, even in these comments Oppo is having varying opinions!

Textured Soy Protein > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:04

First off, generally cops who pull people over for speeding, don't make a habit of searching the vehicle.

When you're pulled over, just sit there with your hands on the steering wheel. Don't make any sudden movements. When the cop comes up to talk to you, they'll ask for your license and registration. Tell them where those things are ("my license is in my wallet in my pocket, my registration is in the glove box") and then once the cop says ok, move toward getting those things.

If on the off chance the cop wants to search your vehicle, they need some kind of reason to do so. If they just say, "mind if we take a look around in there?" or something, you say "actually, yes I do, what is your probable cause for wanting to search my vehicle?"

Even if they give you a good reason, then they still need your permission to search your vehicle. They can only search your vehicle without your consent if:

A) You're being arrested.

B) The vehicle is being impounded.

So your next course of action if they become more adamant about wanting to search your car, is to ask if you are under arrest or if the vehicle is being impounded.

If neither of these is going to happen, you are under no obligation to let them search the vehicle.

JQJ213- Now With An Extra Cylinder! > Stapleface-Now Hyphenated!
07/25/2014 at 14:04

Its just really confusing honestly because some say that when you consent, its like self-incriminating.

But I have NOTHING to hide in their at all. They couldn't find anything. So I guess I should just let them, right?

Lumpy44, Proprietor Of Fine Gif > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:06

Honesty and be nice, he doesn't enjoy doing it and lots of them will let you off if you can make them laugh. If you are transporting something illegal, which obvious you are because you are asking about it, then just do as they say but don't let on that you are doing anything wrong.

Anon > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:06

I honestly wouldn't let them. I've heard of cops planting evidence before and I honestly am not going to put myself in that position.

Textured Soy Protein > Mattbob
07/25/2014 at 14:07

Implied consent only covers alcohol testing, not consent to vehicle searches.

JQJ213- Now With An Extra Cylinder! > JGrabowMSt
07/25/2014 at 14:07

Thanks! The issue when Im a teenager. And driving home late nights from work are when I know Ill be stopped. And in order to go home I have to go through an area known for high narcotic sales. So its a red flag that Im not trying raise.

My county is big on the use of dogs. They advertise about their great K9 fleet and they will be dispatched if you refuse a search. Basically if i refuse, I will be pulled out and dogs called.

I dont have anything to hide. Nothing at all. But I don't feel that they have any real reason to search, which is why im hesitant. Ive heard giving in sometimes seems like self-incrimination.

Stapleface-Now Hyphenated! > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:08

Granted I haven't been pulled over that often, but whenever I've been asked I've consented and never been searched. Then again, I'm Caucasian. Your mileage may vary.

JQJ213- Now With An Extra Cylinder! > nFamousCJ - Keeper of Stringbean, Gengars and a Deezul
07/25/2014 at 14:09

That catch 22 is where my confusion is honestly. I have nothing to hide. and the car is brand new so no previous owner could've hid anything.

Its just I dont want to self-incriminate by letting them search but i dont want to be pulled out of my car and handcuffed when i refuse.

Textured Soy Protein > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:09

Cops don't need a written warrant to search your vehicle. They do need:

Probable cause

Your consent

If you do not consent to a search, they are allowed to search your vehicle if you are either placed under arrest or the vehicle is impounded.

spanfucker retire bitch > Mattbob
07/25/2014 at 14:09

There are no implied consent laws for searching of private property and that includes one's vehicle.

An LEO would need either probable cause or a warrant to do so.

Textured Soy Protein > spanfucker retire bitch
07/25/2014 at 14:10

This is incorrect. Vehicle searches are legal with probable cause, if either A) the driver consents to a search, B) the driver is placed under arrest, or C) the vehicle is impounded.

spanfucker retire bitch > Textured Soy Protein
07/25/2014 at 14:11

If they don't have probable cause to search your vehicle, they would need a warrant. And if they arrest for no reason just so they can search the vehicle, that department has a nice fat lawsuit on their hands.

JQJ213- Now With An Extra Cylinder! > spanfucker retire bitch
07/25/2014 at 14:11

But usually when you tell them no they get all suspicious and search anyway. And then thats when you end up on the cops bad side, which isn't good.

I have nothing to hide. But still...

Your boy, BJR > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:12

I plea the 5th.

Mattbob > spanfucker retire bitch
07/25/2014 at 14:12

good to know.

Mattbob > Textured Soy Protein
07/25/2014 at 14:12

neat.

Big Bubba Ray > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:13

I know you've gotten a shit ton of answers already, but here goes.

Pull over to the side of the road (obviously). If you're on a busy road, try to find a really nearby side street to pull on to. The cop will appreciate it. If you can't find a low traffic area quickly enough, get as far on the shoulder as you can.

Turn your car off. To a police officer, your car is your biggest weapon. Turn it off immediately, yet stay buckled. Turn your flashers on and roll your window down. Hands on the wheel until you're instructed to grab license and insurance. If your insurance card is in your glovebox, tell the officer and ask permission to get it out.

Always answer questions with "yes sir/ma'am" or "no sir/ma'am." Stay cool. It's not easy but it's gotta be done.

Now, in terms of a search. You seem like a good kid so I can't imagine you'd be searched for no reason, but if so, just consent to it. If you happen to have something illegal in your car, you can refuse, but they can basically impound the car while they apply for a warrant so you're fucked either way. Of course, if you've got nothing illegal, just let them search. It's easier than refusing and you'll both be on your way a hell of a lot faster.

Textured Soy Protein > spanfucker retire bitch
07/25/2014 at 14:13

If they don't have probable cause, they can't search your vehicle, AND they can't arrest you.

The best question you can ask a cop if they're trying to get you to do stuff that you're not required to do, is "Am I under arrest?"

spanfucker retire bitch > Textured Soy Protein
07/25/2014 at 14:14

Yes, but if you're arrested for the sole reason to get your vehicle searched, they're looking at a lawsuit. The point is, if you're arrested on actual charges - then yes, you're 100% correct. But if you don't consent, and they decide to arrest you on trumped-up charges just to search your vehicle, you've got the makings of a good lawsuit.

JQJ213- Now With An Extra Cylinder! > Lumpy44, Proprietor Of Fine Gif
07/25/2014 at 14:15

Ive got nothing to hide. There hasn't been anyone like that in my car before. And its a new car so no one before me could've.

Im really asking because I havent even held my license for a year and Im a teenager. I was never taught this and even here, you can see how i get mixed answers.

I watch shows likes Cops and when you say no, they pull you out and search. But saying yes makes them a little more suspicious since you just consented to the search. Its a big catch 22. I just dont want to fuck up

BoulderZ > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:15

I'll assume US. There are some excellent plain-English articles if you search "aclu what to do if pulled over", and just add "video" to that if you don't want to read. Lots of people bust on the ACLU, and I'm not going to say anything either way. But, it is a large group of lawyers and legal types who have very successfully litigated the definitions, boundaries, and responsibilities of US citizens and LEOs, so it's a good source of real legal info (as opposed to unhinged rants from amateurs) on the topics, regardless of any political feelings/leanings.

Here's hoping you never need any of the info!

Textured Soy Protein > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:15

Lots of misinformation in this thread. Here's a good explanation. Everyone shut up now!

http://criminal.findlaw.com/criminal-right…

Dsscats > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:15

The police need your consent or probable cause (smell of alcohol, booze, etc.) to search your car.

When you get pulled over, be as nice and respectful as you can. Roll down the window, take your keys out and put them on the dash in plain view, don't search around for your papers until you're asked and just be nice.

Just me chatting a bit with an officer about how his day was going and how beautiful a day it was got me out of a ticked doing 15 over. Just be nice.

DipodomysDeserti > macanamera
07/25/2014 at 14:15

Definitely don't do that. They'll call a K-9 unit, then they'll tear you car apart.

spanfucker retire bitch > Textured Soy Protein
07/25/2014 at 14:16

Sure, if the cop is following the law and procedure. I guess I was just bringing up the possibility of an officer acting "too aggressively" to put it mildly.

BeMark > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:17

My comment is not so much about your rights but more about how to comport yourself during a stop. Something to keep in mind is that a traffic stop can be a stressful for Officers because there are a lot of unknowns. They don't know if you are a danger to themselves or others or if you will try and run.

Shut your car off and put the keys on the dash, put on the overhead lights if it is night time.

Keep your hands on the wheel palms up after being pulled over. Tell you passenger to keep their hands visible before the Officer walks up. Keep your hands visible during the whole stop. This lets the Officer know you do not have anything dangerous in your hands. If they ask you why you did it say it is to ensure their safety.

Don't go reaching for any information before they ask, when they do ask tell them where and what you are reaching for.

Always be courteous and respectful, answer any questions truthfully without incriminating yourself. If they ask why they pulled you over or how fast you were going don't say "I was speeding 15 over" etc. The conversation is being used as evidence. It's OK to say you are not entirely sure why and then ask the Officer to explain why they pulled you over, just do it in a respectful why.

De-escalating/stressing the situation can go a long way and they will appreciate it. Hope this helps.

Textured Soy Protein > spanfucker retire bitch
07/25/2014 at 14:17

Well that's the thing, if you ask a cop, "am I under arrest?" and they say no, you are fully within your rights to say "then I do not consent to a search of my vehicle."

Now, they can always respond to that with "then we will place you under arrest," and then you have to make a decision on your next move. ;)

Gamecat235 > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:17

1. Don't speed or give them reason to pull you over.

2. Be very polite and respectful and try to be as calm as you can be given the situation. Respond to every request with a "yes sir" or "yes officer" response. Keep your hands in plain sight and explain all movements before you make them.

3. Regarding a search, this is a personal decision that you need to make. If you truly believe that you have nothing to hide, and you do not feel bothered by the idea of a search, allow them to do so. But it is absolutely within your rights to refuse on basic constitutional grounds unless you are arrested, they are impounding the car, they obtain a warrant or they demonstrate probable cause.

4. Be polite and respectful. Seriously LEO's deal with enough shit from their jobs without people being rude, abrasive or evasive when dealing with them as a general part of their job.

5. There are two trains of thought regarding where your hands should be resting (inside the car on your steering wheel or outside the window), what I have done is that until the officer approaches the vehicle, I leave both hands outside my rolled down window, and when they reach my window I rest both hands on the steering wheel unless instructed to do otherwise.

Basically, make their job easier and they are likelier to go easier on you (no guarantee though).

Brian Silvestro > macanamera
07/25/2014 at 14:18

Beautiful.

macanamera > DipodomysDeserti
07/25/2014 at 14:18

Doubt it, not where I live

JQJ213- Now With An Extra Cylinder! > Textured Soy Protein
07/25/2014 at 14:19

Thank you very much. top comment here!

I have nothing to hide in my car, its just that ive heard it go both ways about letting them search and not letting them

JDIGGS > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:19

Ok let me explain what is not logical / normal fear.

A cop pulls you over and asked to search your car, you worry if you say no he will want to search your car more and not trust you. HE HAS ALREADY ASKED TO SEARCH IT, if he wants to he is going to. At this point you are already in the hot seat.

Awhile back I got stopped like that and I said no, so they handcuffed me and put me in the back of their car while they searched. I'm sure they would have done the same thing had I said yes.

Textured Soy Protein > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:22

Even if you have nothing to hide, do you really feel like letting some cops tear up your car and waste your time, if you don't really have to let them?

It's all about both knowing your rights, and being polite and respectful to the cops.

Nothing > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:24

In my youth, I was pulled over quite a few times. It helped that growing up, I was in a fairly rural area with a lot of REALLY bored cops. Not once was I searched or asked to be searched. I have been asked (in late night hours) if I've been drinking/etc.

However, if I was asked if my vehicle could be searched, I wouldn't allow it. And I know I have nothing to hide in my vehicle. I'm not very trusting of LEOs.

Textured Soy Protein > Stapleface-Now Hyphenated!
07/25/2014 at 14:25

The cops do not need a warrant to search your vehicle. They do need probable cause and either A) your consent, B) to place you under arrest, or C) to impound the vehicle.

If they do not arrest you or impound the vehicle, you are under no obligation to consent to a search.

TheD0k_2many toys 2little time > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:25

JQJ213- Now With An Extra Cylinder! > Big Bubba Ray
07/25/2014 at 14:26

That seems to be the best advice. As you can tell, theres already been a lot of responses and a lot of mixed answers here.

I don't have anything to hide. And my car is new so I don't have to worry about a previous owner doing anything. Its more the fact that I give them some probable cause being that I'm a teenager in a really quiet town where all businesses close after 9pm. And I work late most nights so now theres a teenager driving late at night. And in order to get home I have to go through an area known for high drug sales.

Now they have reasonable cause. A teenager driving late at night through a high drug area.

So I guess I should consent since I have nothing to hide. Its just even my mom tells me not to and that they need a warrant and yada yada. its really confusing

Textured Soy Protein > JGrabowMSt
07/25/2014 at 14:26

The cops do not need a warrant to search your vehicle. They do need probable cause and either A) your consent, B) to place you under arrest, or C) to impound the vehicle.

If they do not arrest you or impound the vehicle, you are under no obligation to consent to a search.

DipodomysDeserti > macanamera
07/25/2014 at 14:27

Well, where you live isn't like a lot of other places. Also, are you white?

ZiptieMcBumper > Textured Soy Protein
07/25/2014 at 14:28

That's the rub, though. ANYTHING could be probable cause if the cop wants it to be.

Even if it's deemed an illegal search later, you're still on the hook for a lawyer, court fees, etc.

JQJ213- Now With An Extra Cylinder! > BeMark
07/25/2014 at 14:28

It does! Thank you! Its just info like this has never been clearly handed out to me. So i really am not 100% sure on everything

JQJ213- Now With An Extra Cylinder! > JDIGGS
07/25/2014 at 14:30

Thats exactly what and where my confusion set in. It seems either way is bad. No just means they will be more angry and thorough when they do so.

I have nothing to hide. Its just Ive heard both sides so many times that im not fully clear

Textured Soy Protein > ZiptieMcBumper
07/25/2014 at 14:31

Then you can sue the police department for wrongful arrest and recoup your expenses.

The cops and legal system are all designed to intimidate people into compliance, even things which you are constitutionally protected against.

That's why so many people figure "I've got nothing to hide, might as well let the cops just search me to get this over with," but at the same time, we have the right to not have our time wasted in this manner.

It's all about being polite and respectful, while also making the cops aware you know your rights and want them to be respected.

JQJ213- Now With An Extra Cylinder! > Textured Soy Protein
07/25/2014 at 14:32

And thats exactly it. No, Im not hiding anything but I really dont want to have either a K9 (which my county loves to send out when you refuse) or an officer tearing up my car. But it seems either way I will be searched.

JQJ213- Now With An Extra Cylinder! > Nothing
07/25/2014 at 14:34

As bad as it sounds im the same way. Im the teenager driving late (because of work) and I have to go through an area known for high drug sales. So that right there gives them reasonable cause . I have nothing to hide but I really dont want a K9 (which my county will send out if I say no) or an officer tearing up my car.

Textured Soy Protein > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:39

Well, like I said before, cops generally don't search any old car they pull over for a traffic violation.

I guess to clarify what I said before, at each step in the interaction, you should ask them questions, then decide what to do next based on their response. Your questions might get you out of a search, or they might give you enough information to decide that letting the cops search your vehicle is the path of least resistance.

If after you ask them what their probable cause is, or if you're under arrest, and they threaten to bring in the K-9 unit, arrest you, or impound your vehicle, you might decide, hey let's just do the search now.

nFamousCJ - Keeper of Stringbean, Gengars and a Deezul > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:39

it's tricky and I've talked for a few cop buddies in the past. Not all will do it but generally what happens is you just got pulled over for breaking the law, immediately right there you're guilty of x y or z. Where you're driving from, how, who, etc can put together a case for "ok who is Mr lawbreakers and where is he coming from, what other laws is he breaking" so the gears start turning and before you know it you're #3 on the al-Qaeda terror list. (Exaggeration).

The best thing you can do is give them no reason to want to search, be polite and since you know they're going to search it anyways at least ask why they want to.

Big Bubba Ray > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:39

Ya it's a confusing situation, but ultimately, it's up to you. It takes a lot for a police officer to deem you a worthy candidate for a search. If you say you're simply coming home from work (and still wearing your work uniform) it would be insane for a cop to request a search.

I've actually been searched before. I was driving around late at night and happened to be dipping, spitting into a soda can. A cop pulled up next to me and thought I was drinking a beer haha He immediately pulled me over, shined his flashlight in my car and saw an empty 6 pack box in the trunk of my Jeep. After seeing the beer he requested a search and I said yes because I truly had nothing to hide. He called backup, searched really quickly, and I was free to go about 5 minutes later.

Searches aren't as bad as all the tin foil hat wearing folks want you to believe. If you're doing nothing wrong, you might as well consent to it, but that's just my two cents!

*Edit: should mention, I wasn't the one who drank the beers from the 6 pack. I was the DD that night and there were no open containers of alcohol in the car at all.

GhostZ > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:41

If it's for speeding, here are your options, learned by experience:

In both cases below, when asked where you are going, just tell them you were going out for a casual drive (unless you're in an econobox), or you were going home/to work. Do not say you were going to a friend's house, that you were going 'nowhere' or anything else. Do not say you were going home or to work if you're clearly headed in the opposite direction, as they will ask you were those places are. This seems suspicious and they may want to check to see if you're carrying anything illegal.

Get out your license and your registration BEFORE the cop comes over. Why? This makes sure that they know you aren't trying to hide drugs or anything while you're pulled over. If they see you rummage through your glove box, but you've already got your registration and license in hand when they show up, chances are they won't push the issue than if you rummage but still haven't gotten them.

The following two scenarios depend on what speed you were doing:

1. If you were less than 5 over: Say you were going right at the speed limit. Ask what they radar'd you at. If they did not radar you, or won't show you the radar, just say you weren't speeding. If they still write the ticket, you can take it to court and they'll (usually) waive it, the fine, and the points on your license. Explain to him that you are always careful to drive the speed limit, and that is how you know you drive 65.

In one case, I explained that to the officer and he suggested that maybe I set the cruise control wrong. I simply told him that this car's cruise control was broken, which it was, which is how I knew exactly how fast I was going, because I always have to watch the speed. If your cruise control is not broken, you can blame the speedometer being off or the cruise control system not being reliable. At less than 5 over, they will often write a warning recommending that you fix the problem, but won't do a full ticket. You can then say you will get a GPS speedometer or something to fix this problem in the future.

2. If you were more than 5 over: Tell them the most reasonable speed you think they will believe (If you were going 75 in a 65, say 70). Point out any cars that were going faster than you, and ask how fast they were going.

(I was once passed by a grandma in a buick. I was going 69 in a 65, she was easily over 75, cop pulled me over instead, I asked if he saw her, he admitted yes, I asked that since he saw her, he said "Yes, and she was going the speed limit." I asked then if he saw her pass me. He said yes. I then waited for him to figure it out. He wrote a warning)

Then immediately ask what you were radar'd at. They might write the full ticket regardless, but if they still didn't have radar data you can probably get it thrown out too. Cops aren't going to show up in court for a contested ticket that they have no tangible proof of being in violation. If they say they have a radar but wont' show it to you, don't push the issue. Sometimes they will say that if they don't have one to make you believe they do, and some states do not require them to show you (mine does).

At this point, there's little you can do to get out of a ticket, so the trick is to be either very nice and confident so that you are given a warning, or to be able to contest the ticket in court if they don't have a choice. However, if they have a radar with your speed on it, and they have it available to show to you.

Likewise, if they do show up in court, if they didn't calibrate the radar gun, that can also throw out their readings. But don't mention this when you are pulled over, save it for court.

After either of these, be very courteous and respectful, thank the officer, explain to him that you'll keep a close eye at your speed (even if you never admitted to speeding).

I've been pulled over about 9 times, all of which were warnings. Never got a ticket, and this is my anecdotal experience from that.

KMarino > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:42

I'm not a lawyer, but it is my understanding that your refusal to a search is your right and cannot be used as probable cause.

If you say no I have drugs i don't want you to find, then that would be probable cause, but just saying "no, sir" is not probable cause.

Regardless, be polite and do your best to make the officer feel safe. Also, do not admit guilt. And keep your seat belt on. (I got a ticket for a seat-belt violation when i was wearing my seat-belt, but took it off when pulled over.)

JQJ213- Now With An Extra Cylinder! > Big Bubba Ray
07/25/2014 at 14:46

Thats really what I'm thinking too. I've got nothing suspicious in there. Nothing to hide. I guess it's better than refusing and then being treated much worse.

I just found it funny even on here all the mixed answers. This shows how confusing it really is.

ZiptieMcBumper > Textured Soy Protein
07/25/2014 at 14:49

"Then you can sue the police department for wrongful arrest and recoup your expenses."

Which necessitates coughing up even more money up front, and who's to say you'd win the suit?

Don't get me wrong. I agree with you; it's just that the game is rigged. Those who are least able to defend themselves are usually the ones targeted when things like the above scenario happen. You don't tend to hear about well-to-do folks ending up in jail or prison for the relatively minor things that poor folks do.

Knowledge and money are power.

BoxerFanatic, troublesome iconoclast. > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 14:52

Advice here is good... play nice, be polite, don't lie, but don't admit/incriminate yourself, either.

Some news stories claim that some cops get REALLY agitated by a camera recording what they are doing, but technically it is, and should be legal for a public servant and employee to be observed in public, by the public with a recording device.

Cops have their tricks... but they still need to abide by the fourth amendment, or be challenged in court for not doing it. Holding them to that constitutional standard is not wrong, nor illegal, and CANNOT be admissible in court as probable cause, or an incrimination, just as claiming fifth amendment protection to remain silent is not an admission of guilt, either, even if sometimes the guilty take advantage of their constitutional rights, it doesn't preclude those rights from existing for the innocent.

Authorities portraying that protective activity as probable cause, or an admission of guilt is intimidation, and unfortunately it works on people who aren't confident enough to resist it, and most people don't want to cause confrontation with the police, so buckle and consent to the search. Consent opens the door, and waives fourth amendment protection, which they would like you to do, as it makes their job easier, and gives them access.

There is nothing to stop them from examining your car, and everything that is in plain view... but to perform a search, they need a reason.

And just because there are some decent police officers who don't mean any harm, doesn't change the fact that there are bad ones... and news reports seem to suggest that they are getting bolder with their tactics, and using military equipment, and more intimidation in some cases.

A bad cop shouldn't have easy access to your person or effects. A good cop should know better, and shouldn't mind going by-the-book, including the US and State constitutions, which they swore an oath to uphold.

If a cop asks to search... instead of saying yes, or definitively no right up front... answer their question with a question.... Ask them what their cause for a search is.

THEY CANNOT LEGALLY CLAIM that the search is in order to FIND a probable cause. Probable cause has to come before the search, in order to justify the search.

If they have a cause, they want evidence to accuse you of something... and you have a right to face your accuser, and know the charge they are making... that STARTS when they want more than cursory access to you or your property.

I have relatives that are law-enforcement. I was raised to trust and respect law enforcement. But there is so much evidence that a significant portion of the people are not respectable or trust-worthy in their position of authority, and that is a BIG problem that puts the citizenry, especially the law-abiding, at a disadvantage.

Causing a confrontation with a good cop is needless trouble for you both. Causing a confrontation with a bad cop is asking for much more trouble for yourself, so non-confrontation is important... but that doesn't mean being defenseless, or being a push-over, and giving up your rights quickly and easily.

Sometimes politely asking a question is better than a compliant yes or a hard no that someone might take as obstructive.

Vracktal > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 15:04

This short informational film should tell you all the rights you have when pulled over by the police.

Jordan and the Slowrunner, Boomer Intensifies > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 15:05

I've been pulled over twice, but not once in Florida(knock on wood). The first time I may have been going around 27 over and I respectful and used my manors. I got a warning. Second time I got pulled over, it was for suspicion of trespassing on city property. I was a smart ass and some how got away without a search. Even if worked once, I wouldn't advise it.

jariten1781 > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 15:18

I had a car pretty torn apart in a search long ago. Door cards ripped off and all sorts of nonsense. I'm all about not pissing off a cop which you will do if you play the 'I don't consent to searches, am I under arrest' card. That's totally your right, but don't expect to be leaving without a plethora of minor BS tickets if you pull it.

I've twice been asked for a search in the intervening years and the tact I took was to say 'I had an officer search me years ago and my car ended up trashed so I'd rather you not poke around. However, I'll happily open up any compartment you want to see and you can look from there'. So far it's worked and it seems like a good middle ground.

JDIGGS > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 15:21

I would just say no. I think it's normal to say no when you have the right, but more importantly the average american is busy and wants to get his ass to work or home, he doesn't have time for some stupid search. I know that it's normal behavior to want to be done with these experiences asap. So if a cop goes through the routine and asks you why you said no tell him because this is a waste of both of our time and I think saying no is the quickest route to getting back to my life.

Be like you know what officer, I'm very busy and I need to be somewhere to do something. If you would like to meet me there you'd be welcome to search my car while I tend to my duties.

Just kidding, am I funny or what tho?

Lumpy44, Proprietor Of Fine Gif > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 15:25

If you have nothing to hide then you shouldn't have any problems. The main part of Cops that you likely don't see is the cop running the license plate, dispatch saying either this person has had drug charges or is on probation, then the cop decides he wants to do a search. Its priors that will get you searched, not doing 10 mph over. I doubt you will ever get searched unless have been charged with stuff or give them a hell of a reason to. Saying go ahead and search is the best thing you can do if they want to. I have seen people have weed or something on them and the cop just take it and give them a speeding ticket just because they were honest.

thebigbossyboss > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 16:10

Never consent to a police search. If they ask always say no. If they asked how many drinks you had always say none.

Aaron James > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 16:35

I've been driving for 20 years, pulled over many times, and I've never been searched. If you or your car don't smell like drugs or alcohol and you are not impaired, there is little chance you'll be searched. If you are completely clean and are asked for consent to search you have two options consent, or do not consent. If I was ever asked I'd let them have a look because I don't ride dirty. If your dirty though you better politely deny consent it's your only hope.

http://youtu.be/CtwJvgPJ9xw

Aaron James > Textured Soy Protein
07/25/2014 at 16:36

or a drug dog hits on it, that's probable cause though.

ranwhenparked > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 18:29

I've only been pulled over 5 times or so, but I've found that if you're polite and give them your paperwork, they usually just let you go. Only ticket was in New Jersey, because New Jersey.

bubblestheturtle > JQJ213- Now With An Extra Cylinder!
07/25/2014 at 19:12

Just say 'No'. Nancy Regan was ahead of her time.