By whatrights - 12/07/2009 08:59 - United States

Today, I learned that "Officer, I do not consent to any searches" means "Officer, please handcuff me, I am trying to be difficult" in cop speak. FML
I agree, your life sucks 51 458
You deserved it 23 814
Winter: Snow and Funny News
Snuggle up and laugh with our winter stories, where snow isn't the only thing sliding around! More…
Previous FML Next FML

Same thing different taste

Next

Top comments

skullbuster 0

So you clicked either the 'YES' or the 'NO' button on this one? Really? When is your guest spot on Oprah? Can I send you a self-addressed stamped envelope so I can get your autograph? I'm going to frame that shit and take down my autographed cigar from Bill Clinton and put your's in it's place...

74 11

Comments

minervajenkins 0

-The police are NOT aloud to search you without probable cause, probable cause is not suspicion, he had to see you carry out a crime or see/smell/etc something that incriminates you. -If a cop proceeds to do it anyway then ALL he finds against you can't be used in court. -You CAN'T get arrested for refusing a search if he has no grounds for it. You WILL get arrested if there is probable cause for said search and you fight them over it. The whole "if you are innocent you shouldn't refuse" is ridiculous, if you are guilty then why would you want to incriminate yourself?... But to show a different scenario I will share my story. I once refused a police search because I was on the way to my finals (I took an illegal U-turn which is why I got pulled over) His "search" consisted of going through my gym bag, he pulled my clothes and privates (aka underwear) he then decided to let me go. I missed two finals because the cop was probably a perv. So, what then? You will tell me he was right? I had done nothing incredibly wrong, I was polite and accepted the ticket. So there you have it, not just because you refuse a search means you are a criminal hiding something. I just had no time for it. I agree though, OP didn't specify the situation so there is no way of knowing what was going on.

0 0
SuperNovice 0

I refuse to take legal advice from someone that doesn't know the difference between "allowed" and "aloud." But I sure am glad to know I can come to FML if I run into legal problems!!!

0 0
schlifeyhyphy 0

you need to sue the city.. this is why we have a constitution.. he can get in trouble and you will get money..

0 0
macsforme 1

More than likely, the officer was asking for consent to search as a courtesy to you as an opportunity to get through his investigation quickly. If you refuse consent, and the officer reasonably believes you committed a crime, he has the right to use reasonable means to detain you. Officers often try to be more courteous than they have to be. If you committed a crime and you are uncooperative with the officer, expect the full authority of the law to be laid down on you.

0 0
hushamushut 0

Refusing a search is not probably cause. Why don't you go live in North Vietnam or China? They enjoy having their houses turned upside-down for no reason.

1 0
goodreverend 0

If an officer has probable cause, he is highly unlikely to ask for your permission to search. That would send up big red flags that he doesn't actually have probable cause, and whatever was found during the search could be tossed out of court if the search were determined to have been less than legal. Thus, cops' time wasted, criminal goes free. (I am not a lawyer.)

1 0
I_am_stupid_also 6

If they have permission, then anything they find is admissible. If they don't get permission then the rules become much more complicated. By withholding permission you have tagged yourself as either ******** out to waste his time and/or guilty of something if they keep looking hard enough.

0 0
goodreverend 0

True. I should clarify to say that if they asked permission, did not get it, and then said they had probable cause to search, I would suspect that, by having asked for permission, it suggests that they did not, in fact, have probable cause to search. THEN anything recovered in a search could be thrown out. (Again, I am not a lawyer.) The way I see it is that I don't want to waste my time, or their time, so I'm going to decline a search. If there is reason to believe I've done something wrong, then they can search and bust me because I'm a Bad Guy. If they've got no real reason to believe I've done something wrong, then I'm not going to waste their time. Furthermore, until they have some good reason to search me, I'll treat them as if they're just another person (not a police officer) asking to search through my things (but a bit more politely than if they were just your average joe :)).

0 0
macsforme 1

There is reasonable suspicion to detain, and then there is probable cause to arrest and/or search. These things are separate. If there was only reasonable suspicion enough to detain, the officer may have asked for consent to search, and having not received it, decided to detain the OP with handcuffs so he could safely continue his investigation. There are two different standards here, one of which is incorrectly being applied to both situations. I never said that refusing a search gives probably cause. It may, however, give the officer a reason to use the full extent of his lawful authority, which may include placing the detained individual in cuffs.

0 0
Eelusive 0

YDI for being/looking like the type of person a cop feels needs searching.

0 0
igraine 0

YLIF, but why did you decide to get in trouble in the first place and to make trouble by responding like that?

0 0
fxdxhk90 0

Get a lawyer, he violated your 4th amendment rights. Don't let him get away with this, cops have too much power as it is.

0 0
Traum_fml 0

**** that bullshit you have the right to deny a search without probable cause. You get pulled for speeding mind if i search your vehicle? well actually yes i do mind. theres nothing in here but why the **** should you root through my car for 10minutes and inconvenience me any further.

0 0
BikeMass 0

They took me into the car and called backup on me when i didn't let them look through my bag.

0 0
MestizoFilipino 0

Dude, he violated your rights, report that officer... Unless he had reason, or saw something illegal. Were you initially acting suspicious in that conversation?

0 0
opalquean 0

Ironically, some narrow-minded people seem to have buried perhaps the best comment on this discussion, number 103. He gave this link, http://www.michigan-ouil.com/YourRights.html. Please take a look at it, it may help you understand things better. Stay polite and respectful to law enforcement officials, but if you say some permutation of what diet_otaku suggests, you are within the limits of the law (unless the officer has probable cause or a warrant). To those of you who don't like this advice: feel free not to use it, but please don't bury it, other people may find it valuable.

2 0