# Is it still probable cause if it's really, really stupid?

**URL:** <https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548>\
**Category:** Factual Questions\
**Created:** [January 7, 2017, 6:39pm UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548 "2017-01-07T18:39:42Z")\
**Posts on this page:** 7\
**Page:** 2

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [January 8, 2017, 7:14pm UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/21 "2017-01-08T19:14:50Z")

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> [@Loach](#):
>
> I guarantee he wasn’t furious and **probably forgot you** before you were out of sight. Do you really think you are the only one who refused to give consent that night at the checkpoint?

How many were carrying a hemostat? 😃

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**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:** [January 8, 2017, 7:52pm UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/22 "2017-01-08T19:52:20Z")

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> [@running\_coach](#):
>
> How many were carrying a hemostat? 😃

38%

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [January 8, 2017, 8:12pm UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/23 "2017-01-08T20:12:12Z")

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> [@Loach](#):
>
> If you are asking if contraband unrelated to the probable cause would be admissible the answer is yes. Although in the case of an axe murder there is no way I would do a roadside PC search. The car would be seized and the car would be searched with a warrant. It’s likely that a more thorough forensic search is needed.
> 
> In my state all such searches are on video.
> 
> I guarantee he wasn’t furious and probably forgot you before you were out of sight. Do you really think you are the only one who refused to give consent that night at the checkpoint?

One of the reasons police ask questions of the driver is to assess if the driver is sober. That’s not because they want to arrest everyone on impaired charges. It’s because they want to weed out drunk drivers who are a risk to the public.

The answers about the hemostat would have established that the driver was able to discuss technical matters without a problem - good proxy to show he was sober and fit to drive. That doesn’t make the cop furious; it makes the cop say “Good - a sober driver, no hazard to the public. Away with you!”

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**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:** [January 8, 2017, 9:48pm UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/24 "2017-01-08T21:48:57Z")

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> [@Loach](#):
>
> I guarantee he wasn’t furious and probably forgot you before you were out of sight. Do you really think you are the only one who refused to give consent that night at the checkpoint?

Well, I was being a smart-assed dick and he was glaring at me during the encounter. 🆒

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**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\
**Post date:** [January 9, 2017, 1:29am UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/25 "2017-01-09T01:29:05Z")

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> [@kayaker](#):
>
> Well, I was being a smart-assed dick and he was glaring at me during the encounter. 🆒

Congratulations.

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**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:** [January 9, 2017, 2:26am UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/26 "2017-01-09T02:26:56Z")

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> [@kayaker](#):
>
> Well, I was being a smart-assed dick and he was glaring at me during the encounter. 🆒

Dime a dozen. His check still cleared and he was probably working overtime. He’s long forgotten about you but he’s still in your head. Victory for you I guess?

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**Author:** ![Barbarian](https://avatars.discourse-cdn.com/v4/letter/b/e19adc/32.png) [@Barbarian](https://boards.straightdope.com/u/Barbarian)\
**Post date:** [January 9, 2017, 4:19pm UTC](https://boards.straightdope.com/t/is-it-still-probable-cause-if-its-really-really-stupid/776548/27 "2017-01-09T16:19:36Z")

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I have learned to never underestimate the breadth of police officer stupidity.

In college\* my locker was next to the police tech students. One day in their statistics class an hour-long argument raged over which was greater: the number of cards in a deck, or the number of weeks in a year.

They finally stopped when they realized that the number of weeks in a year happens to be exactly the same as the number of cards in a deck.

That number being 50.

\*In Quebec we have two years of pre-university college in CEGEPs, which is also where people take 3 year degrees to become a dental hygienist or take police technology courses.

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