Impromptu police seraches on the streets--what really happens if you refuse?

Factual Questions
1

I was reading this article about the Supremes’ ruling on bus searches. In it, the author says:

Now, come on.
OFFICER: Hi! I’m with the NYPD. We’re conducting searches for drugs and illegal weapons. Mind if I pat you down?

PEDESTRIAN: No, thanks. I’m in kind of a hurry.

OFFICER: Oh! Okay. Thanks anyway.
I suspect there is a lot being left unsaid in the statement “Unless police had good reason to pursue the person further.” (B/c, naturally, the police wouldn’t stop people without a good reason.)

One of my friends was visiting NYC and was stopped by the NYPD in the East Village, asked to stand against a wall, and patted down. He complied. Afterwards, they told him that he roughly fit the description of some armed perpetrator or other in the area, and they were looking for a weapon.

Now, what would REALLY have happened if he had refused? Anyone here actually said “no thanks” to a police search before?

2

I’ve refused a police search before, they complied.

It’s mostly a psychological tactic. People simply aren’t likely to refuse the “request” of big dude in a uniform with a gun and blunt instruments with which to beat you. But there is no legal way they can search someone without a warrant or probable cause. Even if they did find anything, even the most incompotent public defense attorney would get the evidence dismissed.

The key is to remain calm. If you get pissed off and start yelling at the officer, he may decide you’re being beligerant. If you start running, that’s probable cause.

3

In the vast majority of cases, if the police lack the level of suspicion necessary to search you, and you do not consent, they will let you go.

The vast majority of people don’t know this, and the police are trained to use words that heighten their advantage further. For example, “Do you consent to a search your car?” pretty clearly gives the driver a chance to say no.

“You don’t have anything in there I should know about, do you?” or “You don’t have anything illegal in this car, do you?” invites the person to answer ‘no’, and the officer to follow up with, “Then you don’t mind if I take a look, do you?”

A refusal at that point almost seems like an admission of guilt! An educated driver, however, may safely reply, “Well, officer, I of course wish to cooperate with the police, and I haven’t done anythign wrong, but my privacy is very important to me, so I’m afraid I won’t give you any consent to search.”

That’s not quite true. The police may briefly detain you, and for their own safety pat down your clothing for weapons, based on a reasonable, articulable suspicion. “Reasonable, articulable suspicion” is a standard less than probable cause, but above a mere hunch or unparticularized suspicion. Anything that they feel during the pat-down may give rise to probable cause, even if it’s not a weapon. For example, if the officer feels a pocket that contains small, rock-like bulges, he may be able to testify that, based on his training and experience, rock cocaine feels exactly like that, and he then had probable cause to reach into the pocket and seize the substance.

  • Rick
4

Boy, that’s a heck of a slippery slope.

5

Sounds good, but does this actually fly in the real world?

“Well, officer, I’m torn. I’m a law-abiding citizen with nothing to hide, and I know you guys have an unbelievably tough job, so I do want to cooperate. But at the same time, I’m pretty serious about my civil liberties, so I don’t want to give consent to a search unless you can demonstrate a compelling need. What do you think, officer?”

What does the nice man with the badge say to that?

6

He says “ok, carry on”. If he is a good, dedicated, professional law enforcement official, and not just a sleaze with a badge.

7

What to do if you’re stopped by The Police by the ACLU. (Note the capitalization: Are they referring to Sting’s former band?)

What to do if you get stopped by the police, an anarchist perspective.