Should A Private Citizen Consent To Searches? (John's Briefs)
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During my career (retired in ‘97 w/30 yrs) I knew a car had something illegal if I stopped it b/c we had witnessed them “deal” from the car. I can’t recall ever going on a fishing expedition so my advise is do not consent to a search. The police are not a friend under these circumstances.
Do I have tell/ talk to a police officer that I have a gun on me / in car after he asked me ?
I have no problem with an officer searching me but I have to fear of an officer planting something on me I'm a black male I have a CHL license and I live in Cleveland most cops are eager to make an arrest when they run my name my ID and my permit nothing comes up it's hard being black and not having a police record I'm 61 and I like to keep it that way but if I'm ever stop by over the zealous police officer wanting to meet his quota even though cops say they don't have quarters he may have the desire to plant something on me just so he can get that arrest
So in California, if a cop asks if there’s any weapons in the vehicle, one could plead the 5th? Pretty sure they’d sit there with you for however long it takes to get a warrant.
No dont talk to police, dont consent to anything, plead the fifth. Don't incriminate yourself, they're treating you as a suspect first and only want your money for their zaddy government
That's a trick question. If the cop has suspension… consent is futile.
People to cops….why don't yall do your job and get these drugs off the street.
Cops to people….let's ask John🤷♂️
Appreciate the legal advice Terry but generally I would consent to a blow.
lol saw the title saw johns face and we already know the answer.
A friend of mine posted a sign on his farm's driveway that said "No warrant, no entry". 2 officers came down his driveway anyway until they hit an electric fence. They asked him what the sign was about, he asked if they had a warrant, they said no. He asked them to leave and walked away. A week later he asked for a copy of the police report. On the report it said "Owner is hostile towards police". A week after that, he got a letter from child protective services telling him that they needed to do an in home visit to check on his kids. Totally disgusting. He is hiring a lawyer. He is a farmer. He can't afford this stuff and the police know it. 99% of officers are good men. These 2 guys are scumbags. They are threatening his kids because he threatened their authority. Disgusting.
I imagine all the huffing and eye-rolling that will follow non-consent. So it's not legal to search a vehicle for safety during a stop, but there are a ton of instances where this reason is provided as a pretext to what will turn out to be a perfectly legal search.
Can't imagine a search request without a valid suspicion that would not rise to the level of getting a search warrant. Trouble is, these are not available at the roadside.
NEVER, EVER agree to a search. Do the exact opposite – “officer I do not consent but will not resist you”. Absent consent, a warrant or Probable Cause” if you say no and the cop finds or plant’s something it will likely get thrown out as evidence.
Don't consent to anything. If the police are going to search you asking your permission is pointless.
No one should ever consent to a search. We do not live for the convenience of the government, they exist to secure our rights. If they have a reasonable suspicion, they can get a goddamned warrant.
I had a cop search me but it was ok with me, I had ran out of gas (not my fault bad gas gauge), the cop gave me a ride home so I could get a gas can so I didn't mind being searched, the cop said (I understand very well) that he didn't want someone in his car that might have a weapon. So when I got home I asked the neighbor lady to drive me me back to my car, she gave me a ride back to my car, but she had NEVER driven on the interstate before, that was a heck of a ride back to my car with her driving like 40 mph under the speed limit ) :
Who search, searches for something. The question is what are you searching for?
John, could you maybe make a video on this where you set some of these scenarios up like a skit, with a cop or someone who works in law enforcement? As you said, they've already done that before and know what to say to trip you up so you're at the disadvantage of nervousness and unfamiliarity. When you've heard and seen something before it's easier to think clearly in the moment if you find yourself in the same spot, so hearing someone say some of the actual things they say while also projecting that cop vibe/intimidation factor in their body language, along with your responses, will create a stronger memory that's easier to recall under stress than just hearing someone say what you should do in that situation. Showing vs telling.
I haven't been pulled over in years and the only thing incriminating in my 20 year old truck are krispy kreme receipts, so I know my immediate response would be "sure, you can look if you like, I have nothing to hide". I appreciate LEOs and don't want to make their job any harder, so overcoming that cringe feeling of "I'm being a confrontational pain in the ass for no reason" is a tough one.
If they ask to search your car, should you say "what is your probable cause?"
That issue with the NBA basketball player recently is a good example of when they can go in without a warrant.
My vehicle was recently searched due to probable cause that cause was a bottle of gun oil that I use for my fishing reels I said I didn't consent they did anyway
NO – coming from a former police officer. There’s a reason Miranda exists and search warrants.
You don't have to they will bring something with the IQ of 1 and that thing will trump any decision that the officer or judge makes. That thing is called a DOG!!!!!!
The answer is NEVER.
I'm very pro cop and anti drugs; I don't even drink alcohol. That being said, I wonder if a bad cop could establish grounds for a search by running a drug dog around your vehicle and faking a hit? I'm just wondering how easy it might be to establish grounds for a search when you refuse consent?
"The more corrupt the state…the more numerous its laws" -Tacitus.
No because they took an oath to uphold the Constitution we were born to enforce it
get a warrant! never talk to police! when was that cops nose calibrated. no id unless i am arrested. if detained give me a lawyer!
This is the best video i have ever seen you do. A cop is no different than any outher person. There are good and bad cops. There are good and bad farmers , factory workers , and so on .Cops for the most part are good. Defund them dosent work out so good as it has been shown. But to honor all cop's ?? Nope.
Never consent to a search, and then you just need to shut up lol
My state is a "duty to inform" state.
Anyone carrying must notify LE on contact if they're carrying. (Constitutional carry.)
I was generally uncomfortable with this law, but in the few and brief contacts I've had, I've never even had an officer disarm me, and indeed, they've cut me loose with a warning.
These guys have a long wait for backup here, and I think they like having peple with a "good-guy card" running around who might jump in if they're in a fight roadside.
And I would.