# Remind me what happens if I don't let police search my car?

**URL:** <https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654>\
**Category:** Factual Questions\
**Created:** [April 10, 2009, 3:55pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654 "2009-04-10T15:55:47Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [April 11, 2009, 6:30pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/41 "2009-04-11T18:30:40Z")

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> [@mangeorge](#):
>
> I assume, from all I’ve seen and heard, that a trained dog sniffing at the cop’s behest is not a search.  
> Why? I understand that if the cop happens to smell pot it’s probable cause. But if he brings a tool, the dog, he’s searching.

It’s only a search if we are looking somewhere where you have a “reasonable expectation of privacy”. The air around the outside of your car doesn’t qualify for that.

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [April 11, 2009, 6:33pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/42 "2009-04-11T18:33:07Z")

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> [@palindromemordnilap](#):
>
> Also cops can use methods of searching that are not specifically banned. For example, they can shine a light into your car while they’re talking to you and that does not require consent.

That’s an exception to the search warrant requirement that’s known as “plain view”. If I can see something from a legal vantage point, then it isn’t a search.

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [April 11, 2009, 6:38pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/43 "2009-04-11T18:38:54Z")

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> [@silk1976](#):
>
> :eek:
> 
> If having a sandbag in your vehicle is a weapon - that means there were a lot of criminals in the north central part of the states the other week!
> 
> Or is there another definition of sandbag that I’m unaware of?

In Washington, the similar law refers to a “sand club”, i.e. a sap. I’m assuming that’s what they meant by sand bag. Pretty poor definition, though.

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**Author:** ![Thalion](https://avatars.discourse-cdn.com/v4/letter/t/f475e1/32.png) [@Thalion](https://boards.straightdope.com/u/Thalion)\
**Post date:** [April 11, 2009, 6:48pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/44 "2009-04-11T18:48:00Z")

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> [@Waffle\_Decider](#):
>
> In the third scenario of this video, the police is responding to a noise complain. There’s a loud party with pot smoking and underage drinking. What’s going to happen if they simply keep the noise down but ignore the police when they knock on the door? You’re not legally required to answer the door, right? What if they never open the door, but simply tell the officers through closed door that everything is fine? Can the police compel you to open the door of your home to talk to you face-to-face?

Depending on the facts available, I would probably get a search warrant and force entry into the house. I’ve seen too many kids nearly kill themselves with alcohol to take a chance on leaving them inside and just walking away. Once I’m on scene, there’s too much liability for me if I don’t make sure the situation is safe.

Again, this is how I would handle it in Washington state. In most states, they could probably just force entry without a warrant because they had probable cause to believe a crime was being committed.

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**Author:** ![crowmanyclouds](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/crowmanyclouds/32/19884_2.png) [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)\
**Post date:** [April 11, 2009, 7:02pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/45 "2009-04-11T19:02:23Z")

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> [@silk1976](#):
>
> … Or is there another definition of sandbag that I’m unaware of?

A small bag partially filled with sand (think, a sock with a couple of rolls of quarters in it ala Bronson in _Deathwish_).

Similar weapons include [blackjacks](http://en.wikipedia.org/wiki/Slapjack_(weapon)) (British English slang version) and [saps/slapjacks](http://en.wikipedia.org/wiki/Slapjack_(weapon)).

CMC fnord!

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**Author:** ![Waffle\_Decider](https://avatars.discourse-cdn.com/v4/letter/w/77aa72/32.png) [@Waffle\_Decider](https://boards.straightdope.com/u/Waffle_Decider)\
**Post date:** [April 11, 2009, 7:08pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/46 "2009-04-11T19:08:34Z")

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> [@Thalion](#):
>
> Depending on the facts available, I would probably get a search warrant and force entry into the house. I’ve seen too many kids nearly kill themselves with alcohol to take a chance on leaving them inside and just walking away. Once I’m on scene, there’s too much liability for me if I don’t make sure the situation is safe.
> 
> Again, this is how I would handle it in Washington state. In most states, they could probably just force entry without a warrant because they had probable cause to believe a crime was being committed.

But what would be the probable cause? I thought refusing to talk to the police or consent to searches are not to be considered probable cause? Assume this all started only as a noise complain. The police has no other evidence that there is alcohol or pot inside.

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**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\
**Post date:** [April 11, 2009, 9:26pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/47 "2009-04-11T21:26:12Z")

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re: ds  
you must be right, because we police the way I mentioned and we’re constantly getting fired down here. or, we’re not and thats just how things work in the real world. if we search, we _usually_ find something, I’m not one of the cops (yet) who can just look at a vehicle and tell you if it has drugs or guns or whatever, but there are those who are just that experienced. without turning this into a debate, I’m trying to answer the OP’s question. you can say all you want, I’m telling you how it is, not how you think it should be. and no, saying “no” isn’t pc to search, but it’s what we call a “clue” and will be taking in consideration with the totality of the circumstances (ie, nice car in ghetto at 3am) in making a decision to search or not.  
also, if you are a law-abiding citizen, why are you having so many opportunities to say “no” to consent searches? I haven’t been pulled over in a LONG time, but even now that I’m a cop I knew before that if they want to search they’re going to.

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**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\
**Post date:** [April 11, 2009, 9:36pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/48 "2009-04-11T21:36:03Z")

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> [@dustinsquarepants](#):
>
> re: ds  
> you must be right, because we police the way I mentioned and we’re constantly getting fired down here. or, we’re not and thats just how things work in the real world. if we search, we _usually_ find something, I’m not one of the cops (yet) who can just look at a vehicle and tell you if it has drugs or guns or whatever, but there are those who are just that experienced. without turning this into a debate, I’m trying to answer the OP’s question. you can say all you want, I’m telling you how it is, not how you think it should be. and no, saying “no” isn’t pc to search, but it’s what we call a “clue” and will be taking in consideration with the totality of the circumstances (ie, nice car in ghetto at 3am) in making a decision to search or not.  
> also, if you are a law-abiding citizen, why are you having so many opportunities to say “no” to consent searches? I haven’t been pulled over in a LONG time, but even now that I’m a cop I knew before that if they want to search they’re going to.

Hmmm. That’s not how it is on _King of the Hill_, that weekly tv documentary about real life in Texas.

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**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\
**Post date:** [April 11, 2009, 9:46pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/49 "2009-04-11T21:46:08Z")

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no no, continue using king of the hill as a reference, they just haven’t made that episode yet

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**Author:** ![appleciders](https://avatars.discourse-cdn.com/v4/letter/a/85f322/32.png) [@appleciders](https://boards.straightdope.com/u/appleciders)\
**Post date:** [April 11, 2009, 9:53pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/50 "2009-04-11T21:53:13Z")

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> [@Thalion](#):
>
> Depending on the facts available, I would probably get a search warrant and force entry into the house. I’ve seen too many kids nearly kill themselves with alcohol to take a chance on leaving them inside and just walking away. Once I’m on scene, there’s too much liability for me if I don’t make sure the situation is safe.
> 
> Again, this is how I would handle it in Washington state. In most states, they could probably just force entry without a warrant because they had probable cause to believe a crime was being committed.

Just out of curiosity, how long would it take you to get a warrant?

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**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\
**Post date:** [April 11, 2009, 10:28pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/51 "2009-04-11T22:28:53Z")

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> [@dustinsquarepants](#):
>
> I haven’t been pulled over in a LONG time, but even now that I’m a cop I knew before that if they want to search they’re going to.

Then why ask? What would possibly be my incentive to agree to a seach?

I’ll just keep my mouth shut and politely decline the search and anal probing thank you very much.

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [April 11, 2009, 10:30pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/52 "2009-04-11T22:30:25Z")

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> [@Libre](#):
>
> Here’s an informative video on how to handle the police (US jurisdiction):
> 
> [http://www.youtube.com/watch?v=yqMjMPlXzdA&NR=1](http://www.youtube.com/watch?v=yqMjMPlXzdA&NR=1)

I have to admit, if a cop said my car smelled “like Bob Marley’s ass”, I’d be too busy laughing to consent to anything.

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**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\
**Post date:** [April 11, 2009, 10:44pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/53 "2009-04-11T22:44:01Z")

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mssmith, anal probes require a warrant (here in tx anyway). I can’t speak for any of the officers ds has encountered, or you have, but here, since it’s a large metropolitan area, we don’t have time of manpower to just jack people willy-nilly. we’re out to find bad people, and from my experience, we don’t ask to search everyone we pull over. in _my_ experiences, if we ask to search, it’s usually just to make it easier on us because we know there is something to find. believe it or not, some po’s are smart guys and not all of us are control freaks.

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**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\
**Post date:** [April 11, 2009, 10:50pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/54 "2009-04-11T22:50:59Z")

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> [@Bryan\_Ekers](#):
>
> I have to admit, if a cop said my car smelled “like Bob Marley’s ass”, I’d be too busy laughing to consent to anything.

That part of the video did take a lot of license, but what was said was accurate. the cops will follow that script, but using professionally polite words.  
I suspect that they teach that (kinda phoney sounding) overly polite “ma’am” and “sir” stuff in cop school. I also suspect there’s some kinda secret joke in there, and that the cops giggle about it when we’re not around.  
Could be! 😉

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**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\
**Post date:** [April 11, 2009, 11:01pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/55 "2009-04-11T23:01:49Z")

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> [@dustinsquarepants](#):
>
> not all of us are control freaks.

Oh, come on!  
Do they not teach you in cop school to _never_ let the perp\* take over the situation or the conversation?  
\*I know cops don’t usually call traffic offenders “perps”, but the term makes for color in my replies. When men get old, they tend to go poetic, you see. 🆒

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**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\
**Post date:** [April 11, 2009, 11:58pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/56 "2009-04-11T23:58:06Z")

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they teach us to never let them control the _situation or scene_, conversation is nothing, its protected under the 1st and besides, its often hilarious to let them talk all they want (they being the turds, which is the word used around here instead of perps)

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**Author:** ![Cisco](https://avatars.discourse-cdn.com/v4/letter/c/ccd318/32.png) [@Cisco](https://boards.straightdope.com/u/Cisco)\
**Post date:** [April 12, 2009, 12:08am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/57 "2009-04-12T00:08:42Z")

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> [@dustinsquarepants](#):
>
> they teach us to never let them control the _situation or scene_, conversation is nothing, its protected under the 1st and besides, its often hilarious to let them talk all they want (they being the turds, which is the word used around here instead of perps)

Fess up: are you a Texas cop or a parody of a Texas cop?

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**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\
**Post date:** [April 12, 2009, 12:14am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/58 "2009-04-12T00:14:12Z")

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lol you suspect because of _turd_? i can not tell a lie. the truth is often funnier than fiction

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**Author:** ![Fantome](https://avatars.discourse-cdn.com/v4/letter/f/e9c0ed/32.png) [@Fantome](https://boards.straightdope.com/u/Fantome)\
**Post date:** [April 12, 2009, 12:18am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/59 "2009-04-12T00:18:38Z")

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> [@dustinsquarepants](#):
>
> they teach us to never let them control the _situation or scene_, conversation is nothing, its protected under the 1st and besides, its often hilarious to let them talk all they want (they being the turds, which is the word used around here instead of perps)

As a lawyer on this board already pointed out, you have no problem “violating their rights under the Fourteenth Amendment, to say nothing about any provision of the Texas Constitution”, but you believe controlling a conversation is a violation of First Amendment rights?

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**Author:** ![Fantome](https://avatars.discourse-cdn.com/v4/letter/f/e9c0ed/32.png) [@Fantome](https://boards.straightdope.com/u/Fantome)\
**Post date:** [April 12, 2009, 12:20am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/60 "2009-04-12T00:20:26Z")

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> [@dustinsquarepants](#):
>
> lol you suspect because of _turd_?

No, there are plenty of other clues.

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