# Remind me what happens if I don't let police search my car? **URL:** \ **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:** 9
**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\ **Post date:** [April 25, 2009, 1:54am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/161 "2009-04-25T01:54:40Z")
also fantome, where I patrol, it doesn’t take a detective genius to get a hunch that the ppl driving around at odd times are usually up to no good. _most cops_ would get that hunch or feeling, their morals not even entering the picture. ---
**Author:** ![Fantome](https://avatars.discourse-cdn.com/v4/letter/f/e9c0ed/32.png) [@Fantome](https://boards.straightdope.com/u/Fantome)\ **Post date:** [April 25, 2009, 2:33am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/162 "2009-04-25T02:33:25Z")
> [@dustinsquarepants](#): > > fantome, the only statement there that I use “I” was the one in the middle of your post, and I admit, it was written a little hastily. but the fact remains, I haven’t been on that long and don’t have the experience to know which cars are going to be the bad guys’s ones, so I haven’t had a need to practice these methods. I guess “a little hastily” means “I didn’t mean a word of it”? You said, “I will go to work in a few minutes and do exactly what the op asked, search if I suspect I have a reason to. ever heard the phrase “it is what it is” ? if you don’t like it, change it. the whole debating about it on the internet is pointless and a waste of time. enjoy your day, I hope the op’s question was answered.” You meant, “I will go to work in a few minutes and “other” cops will search if “they” suspect “they” have a reason to”? > [@](#): > > also fantome, where I patrol, it doesn’t take a detective genius to get a hunch that the ppl driving around at odd times are usually up to no good. _most cops_ would get that hunch or feeling, their morals not even entering the picture. But you said: > [@](#): > > I haven’t been on that long and don’t have the experience to know which cars are going to be the bad guys’s ones, so I haven’t had a need to practice these methods. You don’t need much experience to pick out a car driving around at “odd times”, do you? Sure, you’ve had plenty of need to practice what you say most cops do. There are plenty of cars on the road at 3 a.m. You really believe the majority of the drivers and passengers “are up to no good”? Really? And that most officers “will use this “hunch” to try and find whatever possible.”? Most officers will, but you won’t, right? > [@](#): > > and the last sentence isn’t arrogance, its a true statement, forgive me for having pride in doing what I do that everyone can not Nice try, but what you said was said specifically to **DSYoungEsq** : (bolding mine) > [@](#): > > lol **ds** , never once did I say that _I_ went around doing that, just that it can happen, which is what the op was asking. I don’t know why you have such a $%#@'n grudge against me personally, **maybe you tried out to be a cop and were not fit enough, or whatever** , but dude, get over it. I consider myself a very moral person and I stick to them, in which case it’s **_you_ who have zero room to talk** , because you don’t know me. but I forget, **you’re the typical armchair quarterback who has all the answers and knows not how to answer. I can say with 100% certainty that I do a job that YOU could not.** but be sure to say that you could do it better, even though you’ll do nothing but post a rude comment back on an internet board. No, it’s not “a true statement” as you know no such thing based on anything **DSYoungEsq** has written on this board and it has zero to do with you having pride in doing what you do and everything about being arrogant. ---
**Author:** ![dustinsquarepants](https://avatars.discourse-cdn.com/v4/letter/d/74df32/32.png) [@dustinsquarepants](https://boards.straightdope.com/u/dustinsquarepants)\ **Post date:** [April 25, 2009, 2:55am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/163 "2009-04-25T02:55:56Z")
fantome, your ignorance on the subject matter is showing. there are NOT a lot of cars out at 3, except on highways. on the weekend, there are some cars out, and a lot of them are dwi. and to the “other” cops thing, yes, that is exactly what I meant because I can’t yet pick out which cars are going to be the bad ones just by looking and/or intuition, some of the other officers who’ve been on for years can just look at a car and say to me “that guy has dope”, and be right. but, since this a factual message board, and not posted in great debates, I’m gonna stop replying to these useless crusades against me. I answered the op’s question, I don’t care much for useless internet bickering, because even if you win, you’re still retar… etc… even as I leave this thread, just remember, if you get stopped and the cop wants to search, he will. nyah nyah, we win until you change the laws even more than the previously mentioned scotus ruling. (lol j/k I’m not like that, but geez, it’s almost tempting) ---
**Author:** ![ivn1188](https://avatars.discourse-cdn.com/v4/letter/i/e480ec/32.png) [@ivn1188](https://boards.straightdope.com/u/ivn1188)\ **Post date:** [April 25, 2009, 4:47am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/164 "2009-04-25T04:47:08Z")
It doesn’t even matter that you will find a pretext to search cars based on hunches and “cop instinct”. What matters is that even if you do, it’s become more and more common that the evidence will be thrown out and hopefully that you’ll (not _you_ specifically) be chastised or worse for abusing your authority. Even in the most benighted parts of the country where driving while brown is probable cause, the light keeps creeping in. I, for one, believe that’s a good thing. Also, **DsYoungEsq** , your post (#154) was brilliant. Kudos. ---
**Author:** ![Orpington](https://avatars.discourse-cdn.com/v4/letter/o/cc9497/32.png) [@Orpington](https://boards.straightdope.com/u/Orpington)\ **Post date:** [April 25, 2009, 5:37am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/165 "2009-04-25T05:37:05Z")
So I’m curious, as a resident of Texas, what are the 2 non-arrestable traffic offenses? Just so I can be more specifically appalled by the others being arrestable… (Not that there aren’t some that should be arrestable, for sure, DWI being the most immediately obvious…) ---
**Author:** ![rbroome](https://avatars.discourse-cdn.com/v4/letter/r/838e76/32.png) [@rbroome](https://boards.straightdope.com/u/rbroome)\ **Post date:** [April 26, 2009, 1:21pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/166 "2009-04-26T13:21:21Z")
there tends to be a rush to judgement or the quick use of stereotypes around here, but I believe my opinions are shared by most regular posters here, that Loach has demonstrated his integrity repeatedly through his descriptions and comments. He has a difficult job, as do all the law enforcement officers, but he comes across as representing a pro. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [April 26, 2009, 3:25pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/167 "2009-04-26T15:25:49Z")
> [@Orpington](#): > > So I’m curious, as a resident of Texas, what are the 2 non-arrestable traffic offenses? Just so I can be more specifically appalled by the others being arrestable… (Not that there aren’t some that should be arrestable, for sure, DWI being the most immediately obvious…) A real mystery, eh? No cite, but I was able to find a mention on another board, from a poster in Texas no less, of speeding and open container being non-arrestable offenses. Once upon a time I posted a link to another board and the mods got all mad at me, so I won’t do that again. 😉 But I found it by googling “non-arrestable traffic offenses”. I got tired of looking for the phrase in all those postings. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [April 26, 2009, 11:11pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/168 "2009-04-26T23:11:35Z")
I think this article about some [Oakland cops](http://www.insidebayarea.com/oakland/ci_12220750) fits into this friendly discussion. Innocent until prover guilty, of course. Peace, mangeorge ---
**Author:** ![Orpington](https://avatars.discourse-cdn.com/v4/letter/o/cc9497/32.png) [@Orpington](https://boards.straightdope.com/u/Orpington)\ **Post date:** [April 27, 2009, 3:56am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/169 "2009-04-27T03:56:05Z")
Well, I googled “non-arrestable traffic offenses Texas” to narrow it down, and I found 2 interesting things. 1) My previous post on this thread is the number 4 hit! and 2) here’s a Wikipedia link [Atwater v. City of Lago Vista - Wikipedia](http://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista) that sure makes it sound like the US Supreme Court decided that any police officer in the US has the discretion to arrest anyone for any offense on the books. Misdemeanor traffic offenses which are punishable only by a fine are included. A little creepy in my opinion. ---
**Author:** ![hroark2112](https://avatars.discourse-cdn.com/v4/letter/h/6a8cbe/32.png) [@hroark2112](https://boards.straightdope.com/u/hroark2112)\ **Post date:** [April 27, 2009, 4:57am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/170 "2009-04-27T04:57:09Z")
I have only once consented to a search of my vehicle, and it was a huge mistake. I was working on a water line leak (a UPS truck ran over a pipe in an industrial complex) until about 3AM. As I was pulling out of the complex, dirty, tired, wet and not in a great mood, I was pulled over. I was driving my plumbing van, complete with my name in 18" lettering on the side and my state license number. I was really in no mood to debate the Constitution with the cop, who was obviously bored at 3AM in a small town outside of Orlando where nothing really happened much. He asked if I knew why he had pulled me over, I wanted to say something smartassed but refrained. I told him I had no idea, and gave him my license etc. as requested. He asked me to step out of the van and walk to the rear of the van. Because of the value of the tools inside, my back windows were tinted dark. He asked if there was anyone else in the van (no) and what I was doing in the complex. I gave him all the answers he needed, including contact information for my customer. For some reason, he decided he wanted to search my van, and I consented. 10 minutes later I was in handcuffs. He read me my rights and advised me that I was going to be arrested for “possession of burglary tools.” I asked him to get his supervisor on-site (remember, small town, he wasn’t far), and told him that they were going to have to inventory my whole van if they impounded it. 5 minutes later his sgt. was there, removing the cuffs. He was pretty cool, and laughed when I pointed out that the “burglary tools” the arresting officer had pointed out were rather lame (a 6" pry, dental picks, other small tools) as compared to the plethora of other tools I had in there that could have gotten into a building much quicker, like the jackhammer or sawzall. I will never consent to another search. The last thing I need is some newb cop calling my goalie stick a weapon (I play hockey several nights a week, so I always have my sticks in my car). I’ll wait for the drug dog, but without a warrant they’re not searching. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [April 27, 2009, 2:31pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/171 "2009-04-27T14:31:38Z")
> [@Orpington](#): > > So I’m curious, as a resident of Texas, what are the 2 non-arrestable traffic offenses? Just so I can be more specifically appalled by the others being arrestable… (Not that there aren’t some that should be arrestable, for sure, DWI being the most immediately obvious…) Speeding and open container. > [@](#): > > TEXAS TRANSPORTATION CODE § 543.004. NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES. > (a) An officer shall issue a written notice to appear > if: > (1) the offense charged is speeding or a violation of > the open container law, Section 49.03, Penal Code; and > > ``` > (2) the person makes a written promise to appear in > > ``` > > court as provided by Section 543.005. > > ``` > (b) If the person is a resident of or is operating a vehicle > > ``` > > licensed in a state or country other than this state, Subsection (a) > applies only as provided by Chapter 703. > > ``` > (c) The offenses specified by Subsection (a) are the only > > ``` > > offenses for which issuance of a written notice to appear is > mandatory. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [April 27, 2009, 2:47pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/172 "2009-04-27T14:47:39Z")
> [@pravnik](#): > > Speeding and open container. So it’s true! Seems odd to me. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [April 27, 2009, 3:00pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/173 "2009-04-27T15:00:52Z")
> [@mangeorge](#): > > So it’s true! Seems odd to me. Me too. I don’t know why the exception is made for those two, but there you go. ---
**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\ **Post date:** [April 27, 2009, 4:41pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/174 "2009-04-27T16:41:39Z")
> [@pravnik](#): > > Me too. I don’t know why the exception is made for those two, but there you go. Errr, so failure to signal a lane change could be arrestable, but an open container is not? I guess it _is_ Texas, afterall. ---
**Author:** ![ManiacMan](https://avatars.discourse-cdn.com/v4/letter/m/b782af/32.png) [@ManiacMan](https://boards.straightdope.com/u/ManiacMan)\ **Post date:** [April 27, 2009, 11:21pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/175 "2009-04-27T23:21:43Z")
> [@hroark2112](#): > > I have only once consented to a search of my vehicle, and it was a huge mistake. I was working on a water line leak (a UPS truck ran over a pipe in an industrial complex) until about 3AM. As I was pulling out of the complex, dirty, tired, wet and not in a great mood, I was pulled over. I was driving my plumbing van, complete with my name in 18" lettering on the side and my state license number. I was really in no mood to debate the Constitution with the cop, who was obviously bored at 3AM in a small town outside of Orlando where nothing really happened much. > > He asked if I knew why he had pulled me over, I wanted to say something smartassed but refrained. I told him I had no idea, and gave him my license etc. as requested. He asked me to step out of the van and walk to the rear of the van. Because of the value of the tools inside, my back windows were tinted dark. He asked if there was anyone else in the van (no) and what I was doing in the complex. I gave him all the answers he needed, including contact information for my customer. For some reason, he decided he wanted to search my van, and I consented. > > 10 minutes later I was in handcuffs. He read me my rights and advised me that I was going to be arrested for “possession of burglary tools.” I asked him to get his supervisor on-site (remember, small town, he wasn’t far), and told him that they were going to have to inventory my whole van if they impounded it. 5 minutes later his sgt. was there, removing the cuffs. He was pretty cool, and laughed when I pointed out that the “burglary tools” the arresting officer had pointed out were rather lame (a 6" pry, dental picks, other small tools) as compared to the plethora of other tools I had in there that could have gotten into a building much quicker, like the jackhammer or sawzall. > > I will never consent to another search. The last thing I need is some newb cop calling my goalie stick a weapon (I play hockey several nights a week, so I always have my sticks in my car). I’ll wait for the drug dog, but without a warrant they’re not searching. It sounds to me that your newb cop was being a dick because he didn’t like your attitude. No offense meant of course. But I think alot (not all) of cops really want everyone who they pull over to lick their boots. So when a person has had a long tiresome day and doesn’t give the level of respect demanded by these asses you run the risk of getting effed with. Thank goodness you had his supervisor come to the traffic stop. ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [April 27, 2009, 11:37pm UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/176 "2009-04-27T23:37:12Z")
> [@pravnik](#): > > Me too. I don’t know why the exception is made for those two, but there you go. Well, next time I DRIVE across TEXAS, I am popping open a beer and driving 105. At least THAT will make that 1200 miles or so seem tolerable 🙂 ---
**Author:** ![Orpington](https://avatars.discourse-cdn.com/v4/letter/o/cc9497/32.png) [@Orpington](https://boards.straightdope.com/u/Orpington)\ **Post date:** [April 28, 2009, 3:37am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/177 "2009-04-28T03:37:06Z")
> [@billfish678](#): > > Well, next time I DRIVE across TEXAS, I am popping open a beer and driving 105. > > At least THAT will make that 1200 miles or so seem tolerable 🙂 Just set aside several hundred dollars for the fines! They may not arrest you but they are vigilant about the ticketing. I’ve paid over $100 just for the processing fee even when taking defensive driving to satify the ticket… and not going anywhere near 105! And be sure to wear your seat belt; that was the offense that led to the Supreme Court case… ---
**Author:** ![Jormungandr](https://avatars.discourse-cdn.com/v4/letter/j/a6a055/32.png) [@Jormungandr](https://boards.straightdope.com/u/Jormungandr)\ **Post date:** [May 1, 2009, 12:54am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/178 "2009-05-01T00:54:13Z")
Only during one police stop was I asked to allow a search and I didn’t consent. I was pulled over for a non-functioning taillight. A car had crashed into my driver’s side rear. Until I could get it repaired, I had the taillight being held up by wire and string which would cause the bulb to slide out occasionally. So, he pulls me over and I ask him why. “Your passenger taillight is out” OK? I was extremely tired from work that day, so maybe I looked drunk with the tired eyes and he asked me to step out of the car. Then, he asks if he can search my car. I ask again why he pulled me over and he repeated “Your passenger taillight is out” I step back and look at my car, look at him and do my little hand tada bit. “I’m not going to consent as it seems you can’t get your facts straight and on camera no less (I point towards the police car’s visible camera).” Now, it gets awkward as he realized he screwed up. He hands me back my information and tells me to make sure I repair my taillight soon and to drive safely. ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [May 1, 2009, 1:04am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/179 "2009-05-01T01:04:33Z")
> [@IAmNotSpartacus](#): > > Errr, so failure to signal a lane change could be arrestable, but an open container is not? > I guess it _is_ Texas, afterall. My neck is getting sore from shaking my head in wonder every time I think about this. What would Ann Richards say? ---
**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:** [May 1, 2009, 5:40am UTC](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654/180 "2009-05-01T05:40:39Z")
> [@Jormungandr](#): > > Only during one police stop was I asked to allow a search and I didn’t consent. I was pulled over for a non-functioning taillight. A car had crashed into my driver’s side rear. Until I could get it repaired, I had the taillight being held up by wire and string which would cause the bulb to slide out occasionally. So, he pulls me over and I ask him why. “Your passenger taillight is out” OK? I was extremely tired from work that day, so maybe I looked drunk with the tired eyes and he asked me to step out of the car. Then, he asks if he can search my car. I ask again why he pulled me over and he repeated “Your passenger taillight is out” I step back and look at my car, look at him and do my little hand tada bit. “I’m not going to consent as it seems you can’t get your facts straight and on camera no less (I point towards the police car’s visible camera).” Now, it gets awkward as he realized he screwed up. He hands me back my information and tells me to make sure I repair my taillight soon and to drive safely. Maybe it’s you, maybe it’s me but I can’t see the screw up. Are you saying that the bulb was still working but the cover was broken and the bulb was hanging loose? Because that would still be a violation where I’m from. > [@mangeorge](#): > > My neck is getting sore from shaking my head in wonder every time I think about this. > What would Ann Richards say? I have no cites to back this up but when I was stationed at Ft Hood some Texan friends told me that having an open container was not illegal at all. This was around 1992. And they proved it often. I’m guessing that sometime recently the law was changed to make it illegal but they stipulated that such a long standing Texas tradition would not be an arrestable offense. [Previous page](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654.md?page=8) [Next page](https://boards.straightdope.com/t/remind-me-what-happens-if-i-dont-let-police-search-my-car/492654.md?page=10)