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Permission to search your vehicle

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#1 wheatman


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Posted 07 November 2012 - 04:55 PM

when a police officer pulls you over and they ask may i search your vehicle can you refuse it?

#2 pg1067


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Posted 08 November 2012 - 07:32 AM

Of course you can. Think about it. If the answer were otherwise, there would be no reason for the officer to ask. Of course, the officer may have probable cause to search even if you deny permission.

#3 FindLaw_Amir


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Posted 08 November 2012 - 07:39 AM

To learn more about this subject matter, you may wish to visit the Criminal Law Center: Criminal Rights and read Illegal Search and Seizure FAQ's as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.



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Posted 08 November 2012 - 08:58 AM

when a police officer pulls you over and they ask may i search your vehicle can you refuse it?

I don't think any state constitution forbids the mere question, as that would only be a "minimal intrusion" added to the length of the detention. However, once asked and permission is denied, which is your right, any further detainment without a legal reason would probably be considered an UNreasonable seizure under the 4th AM.

#5 Legal_Balla



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Posted 12 November 2012 - 08:10 AM

Absolutely yes! Most of the time a police officer asks your permission to search, they don't have the required legal evidence (probable cause) to search without your consent.

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