Legal Question in Civil Rights Law in California

When being pulled over and a cop asks if he can search your car, and you say no, will they then not search?


Asked on 10/20/10, 2:44 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

He'll search over your objection if he thinks he can show 'probable cause' in court. Some might do so even if they don't think so, just to see what they find, or just to 'educate' you about 'contempt of cop' attitude towards him. You'll then get to argue the 'cause' in court if you are arrested. With all that said, people should understand their 5th Amendment right to SHUT UP and let their attorney do all the talking. That means saying 'no' to any request for explanation, comment, discussion, or permission to search or enter. Politely, but firmly. Waive those rights at your peril.

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Answered on 10/25/10, 3:01 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

There's no telling what a police officer will do, but you should never consent to a search, and like Mr. Nelson said, keep your mouth shut and ask for a lawyer.

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Answered on 10/25/10, 9:51 pm


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