Question for LEOs or anyone else that might know.

[ratski]

OK, let us assume that I get pulled over on the highway for a headlight being out.

Two friends in the back seat have been at the clubs and are a bit tipsy, but I am the designated driver and haven't had anything to drink.

Police officer claims that the car "reeks of alcohol" and says "Do you have any objection to me searching your car. And if you do, we are going to be here for a long time."

I know I can say "no" to the search request.

I also know that some LEOs will take their time running a check on my car, etc while calling in for a canine car and the canine will "alert" thus giving them probable cause.

What should I say?

No, I do not give you permission to search my car.

But what after that? Something like "Am I being detained for anything?".

I know he could have administered a field sobriety test, but that would not have given him a positive as there was no alcohol involved in the driver's bloodstream.

Thanks

BTW, it wasn't me but three of my staff.

Dave

 

[rhodesbe]

Not a policeman, but is the responding officer Highway Patrol or Muni Police Department?

If I were the driver in this situation, I would explicitly explain I am the designated driver and that my passengers are lit, and as the driver, I will submit to any sobriety tests. I would then ask the officer why he feels a search is justified.

 

[Brandi]

I've never heard of an officer asking to search a vehicle unless he/she had some indication of drugs being in the car. Canines don't search for alcohol nor do departments send canine units out for giggles. It sounds likes someone isn't being truthful about their 'oh, I got pulled over and harassed by the cops' story which is pretty common.

If you say no to having your vehicle searched then the assumption is that you have something to hide but this isn't done without cause, there's too much liability involved and no officer wants to be called before their supervisor and reamed for doing something stupid. However, if you say no then you just either wait for a canine or to be released after the officer is done. If you're calm and cooperative then the officer will most likely reflect that back and answer your questions. If you have a carload of drunken asshats being obnoxious the service might not be so nice. (I'm ex-leo)

 

[338Shooter]

I will never submit to a search for any reason. If they get a warrant they can search.

 

[JD8]

I've never heard of an officer asking to search a vehicle unless he/she had some indication of drugs being in the car

I can think of at least 3 or 4 times I was searched or have been in a car that was searched and it was all traffic stops, mostly during my youth, but no alcohol was involved. Must've been the long hair.

 

[berettaman]

check your headlights/tail-brake lights before driving a bunch of drunks home=Problem solved/avoided

 

[ratski]

I've never heard of an officer asking to search a vehicle unless he/she had some indication of drugs being in the car. Canines don't search for alcohol nor do departments send canine units out for giggles. It sounds likes someone isn't being truthful about their 'oh, I got pulled over and harassed by the cops' story which is pretty common.

If you say no to having your vehicle searched then the assumption is that you have something to hide but this isn't done without cause, there's too much liability involved and no officer wants to be called before their supervisor and reamed for doing something stupid. However, if you say no then you just either wait for a canine or to be released after the officer is done. If you're calm and cooperative then the officer will most likely reflect that back and answer your questions. If you have a carload of drunken asshats being obnoxious the service might not be so nice. (I'm ex-leo)

I would doubt that the passengers were being asshats. Maybe giggling girls, but that would be about it. No one underage.

While I agree that MOST departments don't send out the canine units for giggles, I know that here in Lawton that they WILL send out the dogs if you say "no" to a search and I know that they WILL alert. Got that directly from a few officers who I know well.

I'm just wondering for future events. If I were to get stopped and NOT want my car searched (assuming NO probable cause), can I just refuse the search and ask to go on my way?
If they say "no, you have to stay here", my thought would be "why am I being detained?"

Dave

 

[Dave70968]

Police officer claims that the car "reeks of alcohol" and says "Do you have any objection to me searching your car. And if you do, we are going to be here for a long time."

I know I can say "no" to the search request.

I also know that some LEOs will take their time running a check on my car, etc while calling in for a canine car and the canine will "alert" thus giving them probable cause.

...

[And in a subsequent post, he said:]

I'm just wondering for future events. If I were to get stopped and NOT want my car searched (assuming NO probable cause), can I just refuse the search and ask to go on my way?

You can refuse the search. The officer may detain you for a "reasonable" period of time. SCOTUS hasn't given us a bright line, but there is some guidance in caselaw. I'll go pull my books off the shelf when I get home.

As to the comment that the dog "WILL alert," I don't doubt it. See also The Mind of a Police Dog: How misconceptions about dogs can lead to abuse of humans; in good news, there's a growing trend toward at least some skepticism of dogs as incontrovertible evidence, and the Supreme Court heard a case on the subject this very term: http://reason.com/blog/2012/03/30/scotus-will-consider-dogs-reliability-as.

 

[Glock 'em down]

I actually took a guy to jail once for public intox while he was in the car with his DD.

The DD was courteous and polite, had the proper license, insurance, the whole ball of wax, but his buddy that he was taking home just could not keep his mouth shut. I ignored all the pig, copper, flatfoot remarks as well as the "ain't you got nuthin' else better to do?" remarks that everybody makes, but when he called me a fat motherer, that's when I had had enough.

I drug the dipshit out of the car, cuffed him and stuffed him the whole time he was yelling, "but I have a driver! But I have a driver!" I told him that yes, he did have a driver. And guess what - your driver gets to go home while you get to go to jail.

"But I wasn't driving!" was his defense.

I told him, "yessir, I realize that. But in the future when you are lucky enough to have a driver that can tolerate your obnoxious self when you're polluted, don't let your crocodile mouth get your jaybird ass in trouble."

 

[bulbboy]

Awesome!!! ^^^^