# During a traffic stop, the officer asks permission to search my vehicle. I decline. Now what? **URL:** \ **Category:** Factual Questions\ **Created:** [February 5, 2019, 12:47am UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981 "2019-02-05T00:47:48Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Patch](https://avatars.discourse-cdn.com/v4/letter/p/a183cd/32.png) [@Patch](https://boards.straightdope.com/u/Patch)\ **Post date:** [February 5, 2019, 3:01pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/21 "2019-02-05T15:01:29Z")
Isn’t there something where for ‘officer safety’ they can pull you out of your call and search not just you, but your car for weapons? Then if they find something illegal, they can arrest you for that. ---
**Author:** ![jnglmassiv](https://avatars.discourse-cdn.com/v4/letter/j/f07891/32.png) [@jnglmassiv](https://boards.straightdope.com/u/jnglmassiv)\ **Post date:** [February 5, 2019, 3:23pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/22 "2019-02-05T15:23:53Z")
> [@Patch](#): > > Isn’t there something where for ‘officer safety’ they can pull you out of your call and search not just you, but your car for weapons? Then if they find something illegal, they can arrest you for that. They can order you out of the car and perform a Terry search aka a frisk. The car can’t be searched at that point without further probable cause, though. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [February 5, 2019, 3:44pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/23 "2019-02-05T15:44:21Z")
> [@md2000](#): > > IIRC in a recent court decision (Appeal? SCOTUS?) it was determined that extending a traffic stop beyond what was necessary (in this case, actually to get the dogs to arrive) was considered arrest, and therefore needed probable cause. Broken taillight was not probable cause beyond the time it would normally take to right the appropriate ticket. For a detention beyond that, they needed the proper PC to keep the person around afterwards. See post #15. ---
**Author:** ![spifflog](https://avatars.discourse-cdn.com/v4/letter/s/c5a1d2/32.png) [@spifflog](https://boards.straightdope.com/u/spifflog)\ **Post date:** [February 5, 2019, 4:08pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/24 "2019-02-05T16:08:50Z")
A couple of months ago I was drving home at about 2 am from a poker game that ended really late. About once a year we have a cigar poler night, and I must have reeked. I was drving a bit over the spped limit. The Officer asked if he could seach my car, and before I really thought about it, I said “sure.” I don’t smoke pot, didn’t have a weapon or booze in the car. I climbed out, he poped in and was in my car for no more than 30 seconds. He got out, said “thanks for the time sir” wished me well and let me go without a ticket or any other issue. Didn’t take more than 2 minutes. Sometimes just cooperating with the police, not treating them like the enemy and showing them a bit of respect is the way to go. ---
**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\ **Post date:** [February 5, 2019, 4:36pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/25 "2019-02-05T16:36:14Z")
> [@nelliebly](#): > > It sounds like asking you to roll down your rear window was a cursory form of an inventory search. Such a search doesn’t require a warrant because cops can’t use it to find evidence of a crime. (If they found evidence, I imagine it would would probably constitute probable cause and allow them go get a search warrant, but I’m not sure.) The purpose is to ensure there’s no threat to their safety, like a passenger in the back seat aiming a gun the officer can’t see through a tinted window. I think how thoroughly they can search probably varies by location. I feel the need to clarify this: An “inventory search” is the search that they perform before your car is impounded. They look through it and note anything that is in it in case it’s missing later. Well, that’s one purpose, the other is so that you can’t come back after your get your car from the tow yard and say, “Hey, I had my collection of Faberge eggs in the back seat, and now they’re gone!” Any contraband they find in the course of an inventory search can absolutely be charged against you. Stolen property, guns, drugs, 14-year-olds with “FOR ROY MOORE” tags on them, whatever, they can charge you with it. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [February 5, 2019, 4:43pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/26 "2019-02-05T16:43:25Z")
> [@spifflog](#): > > Sometimes just cooperating with the police, not treating them like the enemy and showing them a bit of respect is the way to go. Depending on who you are, they may be treating you like the enemy and precautions are advisable. As it is, asserting your rights isn’t really about disrespecting the police. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [February 5, 2019, 4:43pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/27 "2019-02-05T16:43:41Z")
> [@spifflog](#): > > Sometimes just cooperating with the police, not treating them like the enemy and showing them a bit of respect is the way to go. I totally get your POV here, but would remind everyone that there have been situations like yours where the driver’s son’s buddy left contraband in the car and suddenly the driver’s life is a mess. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [February 5, 2019, 4:55pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/28 "2019-02-05T16:55:52Z")
> [@spifflog](#): > > Sometimes just cooperating with the police, not treating them like the enemy and showing them a bit of respect is the way to go. There is nothing disrespectful about declining a request to have your property searched. ---
**Author:** ![echoreply](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/echoreply/32/3641_2.png) [@echoreply](https://boards.straightdope.com/u/echoreply)\ **Post date:** [February 5, 2019, 4:59pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/29 "2019-02-05T16:59:42Z")
> [@kayaker](#): > > I totally get your POV here, but would remind everyone that there have been situations like yours where the driver’s son’s buddy left contraband in the car and suddenly the driver’s life is a mess. There doesn’t even have to be real contraband. Road side drug tests are [notoriously unreliable](https://www.propublica.org/article/common-roadside-drug-test-routinely-produces-false-positives), so it’s possible any [random substance](https://www.washingtonpost.com/news/the-watch/wp/2015/02/26/a-partial-list-of-things-that-field-testing-drug-kits-have-mistakenly-identified-as-contraband/?utm_term=.33930303612a) in your car may get you thrown in jail. Are you being pulled over by an agency that uses those tests? If the police really want to search your car, perhaps because they do have probable cause, they are going to search it whether you agree or not. You may as well decline the search, because even if you have nothing to hide, and the officer is acting completely in good faith, you might still find yourself in jail. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [February 5, 2019, 5:02pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/30 "2019-02-05T17:02:21Z")
> [@Telemark](#): > > Depending on who you are, they may be treating you like the enemy and precautions are advisable. “Who you are” refers to ethnicity, sadly. ---
**Author:** ![xizor](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/xizor/32/102_2.png) [@xizor](https://boards.straightdope.com/u/xizor)\ **Post date:** [February 5, 2019, 5:03pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/31 "2019-02-05T17:03:31Z")
I see no benefit to me to allow a search, only additional chances for negative outcomes. Making the LEO “feel better” is not a benefit. That is his/her job. But do remain calm and respectful, emphasis on the calm. ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [February 5, 2019, 5:17pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/32 "2019-02-05T17:17:05Z")
> [@Beckdawrek](#): > > Sorry. I don’t get out much. I have hardly any experience with police. I get my info the only way I can. Sorry, I was too snarky. I just meant that of course on a cop show you’re going to get all the messed up drivers, not the ones who are let off with a warning after not signaling a lane change. It’s self selected. ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [February 5, 2019, 5:20pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/33 "2019-02-05T17:20:33Z")
Not a search, but the last time I was pulled over (and yes the light was pink when I made that turn…) the officer looked in my car, saw my big old puppy in the backseat, and let me off with a warning. So, carry a cute puppy. ---
**Author:** ![pool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pool/32/4152_2.png) [@pool](https://boards.straightdope.com/u/pool)\ **Post date:** [February 5, 2019, 5:21pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/34 "2019-02-05T17:21:03Z")
> [@ElvisL1ves](#): > > “Who you are” refers to ethnicity, sadly. Certainly there are racist cops but I’ve seen plenty of horrifying videos where they blow white people away for no reason as well like that video where the SWAT team guy shoots the terrified young white guy on the floor, in a hotel hallway for failure to follow impossible to obey commands, I think the bigger issue is the whole militarization of the police in general, race is certainly part of it but it’s the smaller symptom of the overall problem. There is too much difference in policies between departments, lack of training like when they taze or shoot people that have special needs, mental illness or are deaf or having a diabetic episode and lack of prosecution of bad cops, and the fact that it needs to be emphasized that they are indeed servants of the public not the other way around. Sorry off topic, but my opinion anyway. ---
**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\ **Post date:** [February 5, 2019, 5:42pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/35 "2019-02-05T17:42:17Z")
> [@bob\_2](#): > > Is this really how cops behave in America? It sounds more like a third-world country. It is. Because too many people forget you only keep rights by preventing their being violated by government officials, even if it means being inconvenienced. The irony is, too often it is the flag-waving jingoists who like to say smug shit like “Innocent people have nothing to hide/fear”. Which is the exact opposite of “innocent until proven guilty.” I guess we’ve just had too many rights for too long, and now a large number of us don’t know why we have those rights in the first place. We need a reminder. ---
**Author:** ![Quercus](https://avatars.discourse-cdn.com/v4/letter/q/7ab992/32.png) [@Quercus](https://boards.straightdope.com/u/Quercus)\ **Post date:** [February 5, 2019, 5:59pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/36 "2019-02-05T17:59:34Z")
> [@spifflog](#): > > Sometimes just cooperating with the police, not treating them like the enemy and showing them a bit of respect is the way to go. I understand not wanting trouble and all, but isn’t not being enemies a two-way thing? If he’s not treating you like the enemy, why is he searching your car? ---
**Author:** ![Reindeer\_Flotilla](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/reindeer_flotilla/32/3024_2.png) [@Reindeer\_Flotilla](https://boards.straightdope.com/u/Reindeer_Flotilla)\ **Post date:** [February 5, 2019, 7:34pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/37 "2019-02-05T19:34:46Z")
> [@Quercus](#): > > I understand not wanting trouble and all, but isn’t not being enemies a two-way thing? If he’s not treating you like the enemy, why is he searching your car? I think the answer is a little nuanced. Searching your car is treating everyone else like a friend and protecting them. Searching other folk’s cars is treating you like a friend and protecting you. I realize that this is the ideal philosophy implemented in an imperfect world with imperfect people, but enforcing laws overall beats the alternative for society to function. Yes I know, I excluded the middle there but wanted to treat the enemy/friend dichotomy issue with a similar viewpoint. ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [February 5, 2019, 8:24pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/38 "2019-02-05T20:24:22Z")
> [@bob\_2](#): > > Is this really how cops behave in America? It sounds more like a third-world country. “Cops” and “in America” are huge categories. I suspect that the majority of traffic stops are straightforward, civil, and uneventful, but many are not, in all sorts of different ways. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [February 5, 2019, 8:27pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/39 "2019-02-05T20:27:40Z")
I would answer using my training and experience but too many police state/they are just going to plant evidence answers for me to bother. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [February 5, 2019, 8:31pm UTC](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981/40 "2019-02-05T20:31:30Z")
> [@Reindeer\_Flotilla](#): > > Searching your car is treating everyone else like a friend and protecting them. Searching other folk’s cars is treating you like a friend and protecting you. No, it’s not. Without reasonable cause, searching my car is a violation of my rights. Would you feel the same if the police wanted to search your car? Your phone? Your laptop? An unjustified search is not protection, it’s an invasion of privacy and violation of your civil rights. The police have a difficult and dangerous job to do, and we want them to do it. But that doesn’t give them free reign to ride roughshod over an individual’s rights. The police have the powers they need to do the job at hand. [Previous page](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981.md?page=1) [Next page](https://boards.straightdope.com/t/during-a-traffic-stop-the-officer-asks-permission-to-search-my-vehicle-i-decline-now-what/828981.md?page=3)