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Hey guys, feel free to post your personal tips on dealing with police encounters or issues regarding personal rights. Please PLEASE do not pass along incorrect information. If you're not certain that what you are saying is true, please research it first.
During traffic stops and calls for service, police officers will often ask for permission to search you, your car, or your home. The reason they ask is that without probable cause to search, they cannot unless they get verbal or written permission. More information is provided below:
*Searches of a person - An officer may "pat down" a person being detained in order to check for weapons. This is known as a [wikipedia]Terry frisk. However, unless the officer has permission from the person being detained, has probable cause that person being searched is in possession of illegal items, or is arresting the person, the officer may not search. *Searches of a vehicle - An officer may conduct a plain-view search of a vehicle while conducting a traffic stop. However, unless the car must be towed, or unless the officer has probable cause to believe that illegal items are in the car, or has permission from the driver, the vehicle may not be searched. *Searches of a home - An officer may not enter a person's home or search it unless the officer has probable cause that a crime is in progress or if he or she has permission to enter. Otherwise, an officer may not enter a person's home without a search warrant.
In each of these situations, one need not give consent to a search by saying "I do not consent to any searches." Failure to provide consent does not provide cause for a search or arrest. In addition, consent may be revoked at any time after it is granted. It may be of interest to you that CHP policy dictates that officers should never ask for consent to search a vehicle. Either they have probable cause or they don't search, period.
Some good points have been made in this thread. Separate from your rights is your presentation. Judgment is made upon first sight by cops (and all the rest of us to some degree).
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