What would they do? Tell him "No you can't search my car." That's probable cause.
Nope, it's not. Common misconception, sorry... :blush:
I think it's just a matter of time anyway. You tell a cop no you can't search my car, I'm sure he'll be able to get the necessary permission to do so after some time so you just make it harder on yourself by telling a cop no.
What is the actual law on that?
Not necessarily, depends on how bad the Officer wants to make the arrest. If I request to search a vehicle, and the occupant says, "No," but I have reason to believe there are narcotics inside the vehicle, there are a myriad of avenues to take to gain access to the vehicle:
1.) If the Driver is unlicensed, tow the vehicle, and conduct a Inventory Search of the vehicle prior to the Tow Company taking possession of the vehicle. It is completely legal to conduct such a search, and if controlled substances/illegal substances are discovered, the Officer can go from there in the investigation.
2.) If the Officer arrests the Driver for a criminal charge, then a Search Incident to Arrest of the Arrestee's main area can be conducted. Once again, if controlled substances/illegal substances are discovered, the Officer can go from there in the investigation.
3.) On a technical note, case law (No, I don't have it RIGHT in front of me) states that when a traffic stop is conducted on a vehicle, you are technically "detained." When you are cited for a traffic infraction, you are technically "arrested," the disposition of the release of the arrest is pursuant to a citation, rather than an indictment or incarceration. Once again, a Search Incident to Arrest of the Arrestee's main area can be conducted. Once again, if controlled substances/illegal substances are discovered, the Officer can go from there in the investigation.
So, if an Officer TRULY wanted to push the issue, there are SEVERAL ways to gain access to a vehicle. Simply saying, "No," does not constitute as probable cause.
If you give permission to search, you remove one of your defense attorney's weapons at your arraignment and subsequent trial, namely trying to convince the judge that you were searched without PC, getting the evidence removed, and getting your case dismissed. (No evidence = no case). You are no worse off than you were before, since most officers are unlikely to let you off for possession, and if they find the weed, you're getting booked regardless of how easy you made his job.
Not necessarily. A misdemeanor such as possession of marijuana is a non-bookable offense in most counties, and the Arrestee is usually cited and released on the spot, depending on the amount of marijuana found. But alas, sometimes the work placed into a marijuana arrest is not worth the $300 fine the Arrestee receives...so, there are some Officers who let people off on these charges.
For what it's worth, and my
opinion only.
