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(NW Florida Daily News)   Remember: If you've got stolen cash in your purse and a cop asks if he can search your purse to see if the stolen money is in there, you don't have to let him. Especially if you have marijuana and cocaine in it as well   (nwfdailynews.com) divider line 37
    More: Florida, Fort Walton  
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3831 clicks; posted to Main » on 16 Jul 2012 at 10:32 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-07-16 10:35:30 AM  
I'm guessing if she said, "no" she would have been arrested anyway.

/dnrtfa (obviously)
 
2012-07-16 10:35:45 AM  
DNRTFA,

But can't they search you anyway if there is probable cause. I have no idea if this even applies to this story, but...don't they always find a way to 'presuade' you in to letting them look.
 
2012-07-16 10:36:25 AM  
It's good to just admit you've broken the law if a cop asks, because then the courts will go easy on you and the prosecutor probably won't file charges.
 
2012-07-16 10:37:20 AM  
The story doesn't indicate why the police officer was suspicious of this woman.

Perhaps there was a reason for his suspicion (which is not enough for a true search, btw... you need probable cause).

But I'm guessing he didn't just luckily grab a random woman and demand to see in her purse.
 
2012-07-16 10:38:40 AM  

AKTurkey: It's good to just admit you've broken the law if a cop asks, because then the courts will go easy on you and the prosecutor probably won't file charges.


Oh you. Thanks, my sarcasm detector needed some fine-tuning this morning.
 
2012-07-16 10:38:59 AM  
Here's something a lot of drug addicts don't know:

We can tell you're a drug addict. You usually have an idiotic look on your face and act strangely. You are automatically a suspect, even if no crime has occurred. And that's unreasonable.
 
2012-07-16 10:39:24 AM  

Arcanum: The story doesn't indicate why the police officer was suspicious of this woman.

Perhaps there was a reason for his suspicion (which is not enough for a true search, btw... you need probable cause).

But I'm guessing he didn't just luckily grab a random woman and demand to see in her purse.


The article clearly states that the victim named her as a suspect.
 
2012-07-16 10:40:23 AM  
Imbecilis floridian will NEVER be an endangered species-and thank goodness for that.
 
2012-07-16 10:41:46 AM  
Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.
 
2012-07-16 10:42:25 AM  

Arcanum: The story doesn't indicate why the police officer was suspicious of this woman.

Perhaps there was a reason for his suspicion (which is not enough for a true search, btw... you need probable cause).

But I'm guessing he didn't just luckily grab a random woman and demand to see in her purse.


So, she may have matched the description of the suspect seen fleeing the scene. Whew, for a second I thought they were searching all crackheads carrying purses. That would be profiling, and profiling is wrong.
 
2012-07-16 10:44:50 AM  

akula: Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.


"Oh, you're declining the search? Better call in the drug sniffing dogs."
 
2012-07-16 10:50:38 AM  

readbot42: I'm guessing if she said, "no" she would have been arrested anyway.

/dnrtfa (obviously)


smallerGov: But can't they search you anyway if there is probable cause.


....So how long until the courts rule that denying a cop permission to search your person/car/purse/house/etc. without a search warrant is in and of itself probable cause for the cop to conduct the search sans warrant?
 
2012-07-16 10:51:25 AM  

akula: Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.


Not quite. Cops often ask for consent first even if they do have PC. This way, the PC can't really be fought later in court...they consented. Of course if you say NO they will be able to proceed anyway based on the PC. The asking is sort of CYA.
 
2012-07-16 10:51:55 AM  
Never co-mingle your ID and stash.
 
2012-07-16 10:59:07 AM  

Pair-o-Dice: akula: Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.

"Oh, you're declining the search? Better call in the drug sniffing dogs."


Fark 'em. Call out the dogs. When they find nothing (OF COURSE the dogs will alert, even if whatever they want to search has never been within 100 yards of illegal drugs) they'll start earning their colleagues' ire for wasting their time. But then, if you are packing illegal things, your trouble is on your own head. I like to flaunt my own rights with my head held high.

Silly Jesus: Not quite. Cops often ask for consent first even if they do have PC. This way, the PC can't really be fought later in court...they consented. Of course if you say NO they will be able to proceed anyway based on the PC. The asking is sort of CYA.


No doubt, but there's times when there really isn't PC. I'm assuming a generally innocent person, not just somebody who was caught but not quite red handed. Still, consenting to a search is a generally stupid thing to do- either the cops don't need your permission and will search anyway or you're just letting them fish for reasons to bust you. There's no "good citizen" medal you'll get for letting them search you/your car/whatever if they find nothing. Consenting to a search will at best end neutrally with you going on your way. Therefore, why do so?
 
2012-07-16 11:05:42 AM  

akula: Pair-o-Dice: akula: Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.

"Oh, you're declining the search? Better call in the drug sniffing dogs."

Fark 'em. Call out the dogs. When they find nothing (OF COURSE the dogs will alert, even if whatever they want to search has never been within 100 yards of illegal drugs) they'll start earning their colleagues' ire for wasting their time. But then, if you are packing illegal things, your trouble is on your own head. I like to flaunt my own rights with my head held high.

Silly Jesus: Not quite. Cops often ask for consent first even if they do have PC. This way, the PC can't really be fought later in court...they consented. Of course if you say NO they will be able to proceed anyway based on the PC. The asking is sort of CYA.

No doubt, but there's times when there really isn't PC. I'm assuming a generally innocent person, not just somebody who was caught but not quite red handed. Still, consenting to a search is a generally stupid thing to do- either the cops don't need your permission and will search anyway or you're just letting them fish for reasons to bust you. There's no "good citizen" medal you'll get for letting them search you/your car/whatever if they find nothing. Consenting to a search will at best end neutrally with you going on your way. Therefore, why do so?


Fair enough.
 
2012-07-16 11:08:16 AM  

smallerGov: DNRTFA,

But can't they search you anyway if there is probable cause. I have no idea if this even applies to this story, but...don't they always find a way to 'presuade' you in to letting them look.


I once refused to open my trunk for a cop who was called to investigate me when one of the dudes I was with started panhandling outside Albertsons. As he plied me and I argued with my Jay Z defense (trunk is locked, Ill need to see a search warrant) his curiosity intensified 10x. He eventually cuffed and sat me on the curb until his buddy cop got there, and they cased the car until they saw a medical cannabis bottle in the trash on the floor. Probable cause found (no med license yet), the cops are practically drooling over the prospect of digging in my trunk, they gazed intently as they threw it open... To the sight of a nearly polished fifth. They were expecting a dead body or a few pounds or something, the disappointment was clearly evident on their faces. lol. Ive had other cops react similarly upon refusal.

I do not consent to a search officer.
Why, what are you trying to hide?
Nothing, I just decline to consent to a search. Whats the next step?
If you really have nothing to hide, why do you need to be so secretive? Etc.

I learned an important rule in my 20s as a lead foot who also used to hang around shady places. If you dont give them a reason to pull you over you wont have to deal with dickhead cops in the first place.


//no officer, I do not consent to a search
 
2012-07-16 11:17:47 AM  

D_Evans45: As he plied me and I argued with my Jay Z defense (trunk is locked, Ill need to see a search warrant) his curiosity intensified 10x.


That is untrue. As long as the cop has cause to search the car, the whole car can be searched, locked areas or not, without need of a search warrant.

There was an article the other day where a law professor published a document about the Jay-Z song and how accurate it reflects the law regarding traffic stops and searches. Link

But yea, in general, if the police ask it's a good idea to say no. Even if you're not doing anything wrong.
 
2012-07-16 11:19:04 AM  
edge.ebaumsworld.com
 
2012-07-16 11:29:20 AM  
bad boys, bad boys - what you gonna do when they come for you?

/say you have no idea how the drugs got in your car!

//FSU football player Greg Reid
 
2012-07-16 11:31:34 AM  
Kome - Yeah I know that one now, but that song was popular at the time and I assumed jigga was right. I also learned knee jerk "no Ill need to see a warrant first copper" comments are best unsaid either way, because it paints you more suspicious.

/No, officer, I do not consent to a search
 
2012-07-16 11:34:19 AM  
You should always do whatever a cop asks you to...no matter what.
 
2012-07-16 11:34:36 AM  
Serving and protecting.
 
2012-07-16 12:26:23 PM  
I feel safer.
 
2012-07-16 12:30:17 PM  
"Can I search your car?"

"I will not impede you in the path of your duty, do whatever the law says you are allowed to but you do not have my permission and you should not need it. Do you have any more questions or can I be on my way? No? Are you arresting me then or can I be on my way? If you have more questions I am happy to answer them and if there are no more then I will be on my way unless you are arresting me""

I make it a choice between either letting me go, asking more questions, arresting me or doing the search. All questions about allowing them to do anything are replied with "You are allowed to do anything the law says you can and I will not impede you"

Everything ends with "and if there is nothing more then i will be about my business unless you are detaining me"

They don`t like me but they cannot do anything but either let me go or unfairly arrest me (a crime in the UK) if the same police stops me 3 times in a row, that`s harrasment, another crime.
 
2012-07-16 12:43:36 PM  
I haven't been pulled over in a long time but I'm always thinking of the scene in Tommy Boy where they yell "BEE'S" and run around crazy-like. I don't know if it would actually work but doing that after I get pulled over is on my bucket list.

I'm probably going to have to be a bit waisted to pull this off.
 
2012-07-16 12:45:08 PM  

dready zim: "Can I search your car?"

"I will not impede you in the path of your duty, do whatever the law says you are allowed to but you do not have my permission and you should not need it. Do you have any more questions or can I be on my way? No? Are you arresting me then or can I be on my way? If you have more questions I am happy to answer them and if there are no more then I will be on my way unless you are arresting me""

I make it a choice between either letting me go, asking more questions, arresting me or doing the search. All questions about allowing them to do anything are replied with "You are allowed to do anything the law says you can and I will not impede you"

Everything ends with "and if there is nothing more then i will be about my business unless you are detaining me"

They don`t like me but they cannot do anything but either let me go or unfairly arrest me (a crime in the UK) if the same police stops me 3 times in a row, that`s harrasment, another crime.


After the first answer here in Florida you'd get the "Man, that lighter looked like a gun" treatment followed by the "Let's spread some crack around the car" resolution.
 
2012-07-16 12:46:20 PM  

D_Evans45: smallerGov: DNRTFA,

But can't they search you anyway if there is probable cause. I have no idea if this even applies to this story, but...don't they always find a way to 'presuade' you in to letting them look.

I once refused to open my trunk for a cop who was called to investigate me when one of the dudes I was with started panhandling outside Albertsons. As he plied me and I argued with my Jay Z defense (trunk is locked, Ill need to see a search warrant) his curiosity intensified 10x. He eventually cuffed and sat me on the curb until his buddy cop got there, and they cased the car until they saw a medical cannabis bottle in the trash on the floor. Probable cause found (no med license yet), the cops are practically drooling over the prospect of digging in my trunk, they gazed intently as they threw it open... To the sight of a nearly polished fifth. They were expecting a dead body or a few pounds or something, the disappointment was clearly evident on their faces. lol. Ive had other cops react similarly upon refusal.

I do not consent to a search officer.
Why, what are you trying to hide?
Nothing, I just decline to consent to a search. Whats the next step?
If you really have nothing to hide, why do you need to be so secretive? Etc.

I learned an important rule in my 20s as a lead foot who also used to hang around shady places. If you dont give them a reason to pull you over you wont have to deal with dickhead cops in the first place.


//no officer, I do not consent to a search


THIS. If you say yes, you get searched. If you say no, you get searched after a lengthy bs session. These guys are experts at getting probably cause. They'll call a buddy - then you've got two cops asking you rapid fire questions. If your story waivers even slightly - they have probably cause. If that doesn't work - they'll bring in a K9 to sniff the outside of your car. And we all know those dogs are 100% accurate. The dog barks, they search. Even if it doesn't bark, you just got a bunch of scratches in your paint from Fido doing his job. I really don't have much respect for police anymore. When I was a kid, they were fairly decent human beings. Now I see them as the enemy. Hiding behind bushes to give you a ticket for going 32 in a 30 zone or my personal favorite 'you didn't come to a complete stop at the sign'. I got a warning for both "offenses" but it's complete and utter bs and abuse of power. when I was 18 (30 years ago) I got pulled over in my Plymouth Duster for "excessive display of speed". I did get searched for that one. They said they smelled pot. Good thing they didn't pull me over 5 minutes earlier - they would have found some. LOL
 
2012-07-16 12:47:27 PM  

upndn: I haven't been pulled over in a long time but I'm always thinking of the scene in Tommy Boy where they yell "BEE'S" and run around crazy-like. I don't know if it would actually work but doing that after I get pulled over is on my bucket list.

I'm probably going to have to be a bit waisted to pull this off.


Waisted? I'd think you'd be better off losing some of that stomach fat, it would help you run around crazy-like a lot easier.

;)
 
2012-07-16 12:51:32 PM  

Too Pretty For Prison: D_Evans45: smallerGov: DNRTFA,

But can't they search you anyway if there is probable cause. I have no idea if this even applies to this story, but...don't they always find a way to 'presuade' you in to letting them look.

I once refused to open my trunk for a cop who was called to investigate me when one of the dudes I was with started panhandling outside Albertsons. As he plied me and I argued with my Jay Z defense (trunk is locked, Ill need to see a search warrant) his curiosity intensified 10x. He eventually cuffed and sat me on the curb until his buddy cop got there, and they cased the car until they saw a medical cannabis bottle in the trash on the floor. Probable cause found (no med license yet), the cops are practically drooling over the prospect of digging in my trunk, they gazed intently as they threw it open... To the sight of a nearly polished fifth. They were expecting a dead body or a few pounds or something, the disappointment was clearly evident on their faces. lol. Ive had other cops react similarly upon refusal.

I do not consent to a search officer.
Why, what are you trying to hide?
Nothing, I just decline to consent to a search. Whats the next step?
If you really have nothing to hide, why do you need to be so secretive? Etc.

I learned an important rule in my 20s as a lead foot who also used to hang around shady places. If you dont give them a reason to pull you over you wont have to deal with dickhead cops in the first place.


//no officer, I do not consent to a search

THIS. If you say yes, you get searched. If you say no, you get searched after a lengthy bs session. These guys are experts at getting probably cause. They'll call a buddy - then you've got two cops asking you rapid fire questions. If your story waivers even slightly - they have probably cause. If that doesn't work - they'll bring in a K9 to sniff the outside of your car. And we all know those dogs are 100% accurate. The dog barks, they search. Even if it doesn't bark ...


and yes, I meant probable
 
2012-07-16 12:55:23 PM  

Pair-o-Dice: akula: Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.

"Oh, you're declining the search? Better call in the drug sniffing dogs."


Yep. Happens everytime. If it's reached this point, you're busted.
 
2012-07-16 01:24:16 PM  

Pair-o-Dice: akula: Here's a good rule of thumb:

If the police ask, they don't have probable cause. If they have PC, they don't need to ask. Therefore, when they ask, decline. They may have a good idea that you done did the deed, but they need actual evidence. There's no need to volunteer it.

"Oh, you're declining the search? Better call in the drug sniffing dogs."


The dog might be sick that day. It happens!
 
2012-07-16 01:31:31 PM  

flsprtsgod:

After the first answer here in Florida you'd get the "Man, that lighter looked like a gun" treatment followed by the "Let's spread some crack around the car" resolution.


Before they call in SWAT to go all Syria-Like on your ass. "Shot while in possession of deadly bomb making components; gasoline and a lighter"!
 
2012-07-16 04:18:30 PM  

flsprtsgod: dready zim: "Can I search your car?"

"I will not impede you in the path of your duty, do whatever the law says you are allowed to but you do not have my permission and you should not need it. Do you have any more questions or can I be on my way? No? Are you arresting me then or can I be on my way? If you have more questions I am happy to answer them and if there are no more then I will be on my way unless you are arresting me""

I make it a choice between either letting me go, asking more questions, arresting me or doing the search. All questions about allowing them to do anything are replied with "You are allowed to do anything the law says you can and I will not impede you"

Everything ends with "and if there is nothing more then i will be about my business unless you are detaining me"

They don`t like me but they cannot do anything but either let me go or unfairly arrest me (a crime in the UK) if the same police stops me 3 times in a row, that`s harrasment, another crime.

After the first answer here in Florida you'd get the "Man, that lighter looked like a gun" treatment followed by the "Let's spread some crack around the car" resolution.


glad I don`t live in the land of the free...
 
2012-07-16 04:48:26 PM  
If you live in a trailer in Florida, yes you do, profiling the stupid is legal... right?>
 
2012-07-17 03:01:47 PM  
I never believe these stories anymore, after the homeless lady who was framed by the cops and the only reason her story was eventually believed was because there was a taping of the cop planting the crack pipe. so hell yeah this lady would have been arrested anyway, and they would have trumped up something else to get her with, or added shiat to what she did have.
 
2012-07-17 06:12:34 PM  
These aren't even like, my pants man!

/STFU, not just an insult, it's a good idea.
 
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