Is it legal to say no when a cop ask to search your car or house or ask for personal stuff with no good reason like no warrant or traffic routine etc?

[WilliamPamer446]

let me explain fully i couldnt in the title this is a very naunced subject

in general 99% i believe you should go with the cops wishes and always remian calm because there is things likes traffic routines and traffioc violations or runnig red lights or speeding you may do intentionally or unintentionally

tail light bust and stuff

lets say u were talking to the cop in a calm and respectful tone and tryna figure out there reason for the stop and realize there's no reaosn for the warrant and there's no situation going on and there being rude and violating your contitutoinal rihts and being really nosy askin for a lot of information like ID and stuff and your phon or wahtever like being nosy and making you uncomfortable and tryna search your car or house and saying they smell weird or if there like harassing you and tryna get in your hosue without a warrant and like shouting at you and stuff

Updates

2 mo

rephrase "no" to "you may not"

i meant no for technical purposes

if really interacting with cop make sure you dont talk in a way they can make sound aggressive in court

Updates

2 mo

i heard that if u know the technicalities of the law and your rights u can say no if thre harrassing you or asking to search with no reasonable reason

[BoopBoopBeep]

First and foremost, you're black, so go with the cops and sue them afterwards if they F your rights up. Make a stink about it at the time and end up with a parade/march/riot in your honor. Moral high ground won't walk you out of a casket.

Now on to the actual question. In some areas there is a duty to ID if asked for ID by a cop "investigating a crime"... which is pretty broad-based and ill-defined in the moment. If you are "operating" a motor vehicle you always have to. That includes parked, ignition off, and behind the wheel in some places.

"Hot pursuit" (nearly always of a felon) and exigent circumstances will allow a cop to enter a dwelling without a warrant, but those are very specific circumstances and if they make those up it's pretty much an assurance that you're getting paid afterwards. If they ask to see your phone it better be because somebody just got killed with the phone and they want to see the physical phone, because the information ON that phone they'll certainly need a warrant for unless it's currently being destroyed/electronically wiped, and how would they know that if you don't tell them?

If your car smells weird they can call out the dogs to sniff around it if you don't consent. They want you to consent because it'll take a while to get dogs there and they don't want to wait either. I spent 3 hours on the side of the road one time waiting on the dogs to show up. Luckily for me I had nothing but time and my mp3 player was fully charged. Slimy cockholster felt stupid when he saw my badge and his sergeant was like "why didn't you say something earlier?" I told him "because whatever I have or don't have in my wallet doesn't justify him being a liar, because I never smoked weed a day in my life, so F him, I like dogs, and I got nothing to do but waste time." Problem with that is YOU can't prove that they didn't actually think you had weed and thought that's what they smelled.

If they show up at your door, answer through the door, if they don't have a warrant they can wait outside. If they want to claim exigent circumstances, let them kick in the door and wait on your check.

Don't ever fight them don't ever resist, that's how you end up on the news, and the lawsuit your family files afterwards won't bring you back.

Obviously not all cops are braindonors or lazy liars, but you don't know if you're getting the rock star or the dirtbag when you get pulled over, so err on the side of caution.

[DryGermanGuy]

They need RAS (reasonable articulable suspicion) to approach you and PC (probable cause) to obtain a search warrant or ask you directly for permission to search. The traffic laws in all 50 states require you to provide ID as the driver of a car (as far as I know). If you are in a stop-and-ID state, you also have to provide ID if you are on foot or on a bicycle.

Since every state has its own laws and verdicts, you have to specifically check the laws in your jurisdiction to know your rights.

[Anemone978]

The car they have the right to search it if they suspect you.. but your house they need a warrant..

[MarshmalowTreats]

They can search your house without a proper warrant.

[Anemone978]

@MarshmalowTreats Not if you don't open the door..

[MarshmalowTreats]

A Texas couple had their front door broken down with a battering ram, because it was a suspected crack house. But the cops went to the wrong house. Rather than apologizing, the cops arrested the husband for going down on his wife. (sodomy is illegal in around 17 states)

[GoodGuyBreakingBad]

See for myself If I have nothing to hide, I have no issue with the police searching my house, But every person is different.

[lightbulb27]

i agree except for quite a few videos out there of corrupt cops planting evidence.

[gorydetails]

You need to investigate the laws in your state to know your rights. Generally a cop can't search your car unless they have probable cause. Unfortunately, that means that he can say "I smell weed" and use that as probable cause. You can't really prove (in the moment) whether he smells something or not.

They cannot enter your home unless they have evidence of an active crime going on (like they can walk by your house, and if you're smoking a bong on the couch and they can see you from an open window, that's evidence of an active crime going on.

The bottom line is that you never answer a cop's question. Always escalate and ask for a supervisor if you feel you're being railroaded.

[Astarlessnightsky]

Depends on the specific region, but in general its totally legal and even advised (at least in germany) to politely ask the cops to mind their own business.

They can check papers, but thats about it. Unless they have a specific accusation, like drunk driving thats all they can do.

And even when they ask you to step out and take a breathalizer alcohol test, you can politely decline the alcohol test. If they really want to test if you are drunk, they need a judges warrant for this.

[Fireguy17]

Yes, unless they have reasonable cause then they can't.
It just means you will sit there longer while they get a dog to sniff.
I never had anything so I would say no, they gave me all sorts of reasons and veiled threats and I still refused so sometimes they would let me go, or call for fluffy to do the sniff test and find nothing.
I would tell them that I told you I didn't have anything.
Wish them a safe night and drive away.

[exitseven]

If they do not have a search warrant you do not have to submit to a search. That includes your vehicle.

[Anemone978]

The don't need anything to search your car.. they have the right to..

[exitseven]

@Anemone978 They can look for things that are in plain sight.

[Anpu23]

Never, never, never, never consent to a search. Its your right.

[alice55]

It's illegal to do so

[Anonymous]

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