Home More advice Politics & Law
I was walking and got pulled over by a cop and he didn't say why but I'm guessing suspicious activity cause' walking to th library is supicious now?..anyhiw he asked ny anme and then asked if he coukd search my backpack I said yes but if I would have said no would he bave etill been able to search it without my permission?
Colleen: I've long enjoyed your informative and interesting answers but you are way off base here. Asserting your constitutional right is not evidence of wrongdoing. Probable cause is evidence that a specific crime is being committed; not law enforcement's opinion that someone is hiding something. You should never consent to a search regardless of the circumstances because you are opening the door for more of your rights to be violated. Law enforcement is allowed to lie in order to get you to give up your rights.or to admit guilt. They can tell you that refusing a search, refusing to answer questions, or take a polygraph test is prima facie evidence of guilt but this is absolutely not true. They can also tell you that if you consent to a search the penalties will be lighter than if you make them get a warrant but this also is not true. Even if you are guilty as sin it is never in your best interest to confess to law enforcement regardless of anything they tell you. Your lawyer will always be in a better position to negotiate a plea than you ever could. There are innocent people in prison because they freely gave up circumstantial evidence that helped convict them and there are criminals who are still on the street because they knew to keep their mouth shut. Never consent to a search. If law enforcement starts questioning you do not tell them anything. Ask if you are being detained or if you are free to go. After they say you are free to go than it is time to leave; not answer one more question regardless of how nicely they ask.
No. He would have had to call for a search warrent, or called your parents and gotten permission from then. As a minor, you also can insist that your parent(s) be present before you answer any questions.
That being said, it is best NOT to antagonize cops. They have a lot to do and most are trying to help people.
Refusing to be searched IS NOT probable cause. It is your right to be free from unreasonable search and seizure -- 4th amendment to the Constitution. U.S. citizens have a "reasonable expectation of privacy" which includes their own body, car, house, boat, etc. As SOON as you indicate that a search is OK, you have forfeited that right.
If you are arrested, or are resisting, you are going to be searched. If the cop has a bona fide reason to search you, you may still be searched, however, the police could be charged with unreasonable search and seizure if he cannot justify the search.
He can if he has probable cause. If you said "no", that would give him probable cause - you seem to be hiding something. If you want to avoid trouble, just let them search ... if you have nothing to hide, you have nothing to worry about.
i wish i could answer this with 100% accuracy. but i think not.but i also want to think if he has reason or evidence that you might have something illagl than he could.idk.wish i could help more
