When Can the Police Search Your Car at the Roadside? Lehto's Law - Ep. 3.44 

What if you say, “No, you can’t search my car, thank you,” and he/she says, “I think I smell pot.” And you know he couldn’t because you’ve never had any. Now what?

In Raleigh NC, I was pulled over for running a red light. The cop asked to search my car and I said no. Then he said "You are under arrest. Now I can search it. I don't need a warrant." My car was impounded. I had to pay to get it back. Just like that at 7 a.m. No probable cause. I wasn't under the influence of anything.He didn't like my looks. I got a lawyer. The cop didn't even show up in court. Case dismissed. Be careful about saying no. Some cops are really dangerous.

K9s shouldn’t be enough for probable cause. They get rewarded when they alert. Dogs love affection and reward.

My father was a career deputy sheriff and he always said there are three things anyone can say to an officer that will piss them off and you can’t get in trouble for saying: 1. No. 2. I don’t know 3. This is your investigation. You figure it out. He also said if he had a nickel for every time he had to arrest someone for cooperating, he’d be a wealthy man. You’re absolutely right about all this. Love your videos.

I was rear ended. It was with a lot of force and completely totalled both of our cars. Police show up and one of them knows the people that hit me, they're neighbors come to find out. He comes up to me, I am sitting on the curb outside of my car really shaken up and almost crying (my car hadn't even had it's first oil change). First thing he says to me is that my eyes were glossy and he smells marijuana. I told him I haven't ever smoked pot in my entire life and my eyes are red because I am upset and pretty sure I have a neck and head injury and need and ambulance. He told me they were coming but first he needed to search my car and for me to do a sobriety test. At this point I am crying. I told him I am sitting at a red light, got hit because they were texting (there were witnesses) and now he is trying to pin this on me because he knows them and that I heard their conversation. I told him I was too injured to do the test need the ambulance and no he can't search my car. He threatened me with the K9 and my car will be towed (it had to be towed anyways) and I told him I would do a drug/alcohol test at the hospital. He is pissed because he knows he can't fix those results. He is telling me I am obstructing his investigation. I can see that he is about to reach for his cuffs. So I say one more time again still in front of witnesses that I feel really dizzy and need an ambulance and can't do a test then proceed to "pass out". The witnesses rush to my aid and are telling this dirty cop off and because I am faking being passed out hear the whole thing, he then starts to threaten to arrest them if they don't stand back, basically letting me just lay there. Luckily the ambulance got there right then and put me in the back. So long story short dirty cop tried to pin a major wreck that a was the victim of on me because the distracted driver was his neighbor. I wound up getting a new car and a nice cash settlement from their insurance because they were at fault and there were amazing witnesses who stayed and gave statements. I also filed a formal complaint against said cop. The same people helped me out there as well. Cop got a bullshit pay break during investigation, city settled with me out of court and asshole cop still got to keep his job! Taxpayers pay for these criminals with badges. This completely changed the way I look at all police, others were standing there letting him do this to me knowing it was dead wrong, and the justice system that these bad apples get to keep abusing their power and we have to pay for in more ways than one. I got very lucky that day. Others haven't been.

I was a cross-country household mover. One day I had just finished loading a shipment in Hollywood Hills, CA. going to New York. The L.A. traffic goes no where fast during evening rush hour, so I pulled along the curb on Sunset Blvd. and decided to catch up on some paperwork. Suddenly, at the corner of my eye, I saw two cops running alongside my trailer in my rearview mirror on the passenger side. When they reached my cab, they jerked the door opened and said, "Step out here for a moment, please!" I asked what was wrong, but they insisted. I climbed out the passenger door and the first thing one of them asked was, "Where do you keep your drugs?" I said, "I don't have any drugs." The cop said, "Aww, c'mon! We know you over-the-road drivers put stuff up your nose." Of course, I denied that insult because I didn't do drugs period, or drink. He said, "Well, you don't mind if we take a look, then." Since, I have been pulled over countless times in the past for little or nothing and searched, and when I say "NO, I don't consent", they search anyway. I have been detained for over an hour waiting for a drug dog to show up, especially since my Rig is so big that it would take them hours to search it fully. I didn't want to be "illegally detained" again, so I told them to go ahead. One officer made me stepped toward the back of the cab while the other one climbed in. He started asking me all kinds of questions to keep me occupied while the other rambled around. I heard "bumps and bangs" coming from inside the cab and I asked, "Hey, what is he doing in there?" After about 10mins, he came out and shook his head to the other officers and climbed out. The he said, "Ok, you're free to go. Have a nice trip!" They actually ran back toward the back of my trailer and jumped into a squad car that I didn't know was there and peeled rubber getting away. I just shook my head and climbed up the steps. I literally screamed at what I saw. There was all of my belongings piled 3ft. high between the stick shift and the bunk. First, he took all of my paperwork from the overhead rack and threw them down, (and it was a lot), then he went into one of the cabinets and pulled out all of my folded clothes, towels and linen and threw them down. Next, into the pantry and threw all my food on the floor on top of that. Anything that had a lid on it, or in a container was opened and the contents poured on top of my clothes and papers. Next, into the refrigerator and did likewise. Anything liquid was emptied. Then he grabbed my T.V. from it's cubby hole and literally jerked it loose from the connectors. It pulled the wiring out of the T.V. since, the cable was screwed onto it. He did the same thing to the VCR. Both were rendered inoperable. He also jerked my Sony PlayStation off the shelf, but because the wires to it were the "push on" type, it came loose easily and continued to work and luckily it was in it's carrying case. Now check this out, (as if all of that wasn't bad enough). Most Semis have side compartments where we keep tools of the trade, like extra gallons of oil, antifreeze, lubricants, grease, snow-melt salt, hoses, cables, hand tools, etc. This compartment space runs the length of the bunk and is directly beneath it. You can access this compartment from either side of the cab. You can also access it by taking the mattress off the bunk and raising the hinged bunk platform. He did just that and of course, poured all the gallons of oil, antifreeze, power steering fluids and the other lubricants on top of my clothes, food, paperwork and electronics. I cried real tears because I knew that there was nothing I could do about it. I didn't even get there names and badge numbers. I had to sleep in the drivers seat all the way to New York, because my cab was a total wreck and no clothes to wear or linen to put on my bed. I was on a tight schedule, so no time to stop and shop for new stuff or clean up the mess. After my delivery, it took me a week to clean up that mess and several hundred dollars to replace most of it and new carpeting. That truck was my home! Sorry to vent so long.

If the police ask why you won't let them search your car tell them "Too many people have died for my rights for me to casually give my rights away."

I remember studying a case back in college where LAPD detained a man for for traffic stop for 2 hours, finding nothing (this was prior to 1980). The resulting court case cost the City $200,000 for the illegal detention.

I heard of cops planting drugs in cars.

An issue arose in Virginia wear a guy was charged with indecent exposure while inside of his house "ran naked from the shower to answer his land line" some people seen him from the street and called the police. He was found guilty, appealed it all the way to the Supreme Court of Virginia which said that "windows on a house are to be looked out of, not in".

The k-9 part is the skechiest here. First it may scratch your car and who will pay for that damage? Second, the signal it gives may be anything so even if the dog says 'it`s clean' the officer might say that he got the signal and how would you know it`s not?

I have an experiment... now police officers have right too...so this would have to be done under a terms of employment exemption...Give 1000 K9 cops randomly and without warning a lie detector test and simply ask them two questions.1)Do you have a secret signal for your dog so that he will indicate on a car that there are drugs when he does not detect them on his own? 2)Have you ever used it to illegally search a car? If we are honest it is likely that the result would be a horrible failing grade on top of the dogs themselves already getting a failing grade. I am aghast that after testing was done showing your average K9 police dog is only about 52% accurate, that the supreme court said 52% was good enough. 52% was a failing grade on every test I have ever heard of.

"May I search your vehicle?" "I'm sorry, but I'll have to refuse that request officer." "Why is that?" "You have no reason to search my vehicle." "Why do you think that?" "If you had reason, you wouldn't need to ask my permission."

Same thing happened to me...i was stopped, i told him he did NOT have permission to search my car, and then I noticed he was a K9 unit. His dog sniffed my car and he said he got a "hit". I don't do drugs, drink, or even smoke, and there have never been drugs in my car. I laughed at him and told him I bet I was cleaner than he was, but he searched my car anyway and found nothing. My question is, how the hell does a dog have the ability/authority to violate my rights?! Obviously, the cop was a lier or the dog wasn't trained correctly, but my rights were still violated. I was going to make a complaint and decided to public records request the dash cam footage...and they came back and said there was no footage...there was 2 units there and both of them didn't have the dash cam footage. The law should be that if a dog is used and detects drugs then there is a reason to get a warrant, it still shouldn't give them the right to search...sorry, I would like drugs off the streets too but not at the cost of violating rights. Law abiding citizens are being harassed and violated in the war on drugs.

Years ago I was a used car salesman. I sold a young guy a car and he had a flat tire. There was a bag of pot hidden in the spare tire well. They came back to the dealership really pissed off. We had no idea the dope was in there but he would have been in trouble if the cops found it.

I was threatened recently that if I didn’t consent they would make me wait 15 min for a dog and if they found ANYTHING I’d be arrested impounded and spend the weekend in jail with no bail, sounds like it was intimidation

Good video and very good advise. Got pulled over by NYS Troopers in 2008 (a few months after my last tour in Afghanistan) on an on-ramp to one of interstates under the pretext of checking vehicles for expired registration or inspection stickers. Vehicle and driver clean. All paperwork in order. Stickers up to date. Trooper asks if I knew why I was being pulled over? No idea. Can I search the vehicle. I answer "No". Trooper tells me to get out of the car. Complied politely and was arrested. Two years later my lawyer and I walk out of court with a large settlement and NYS Troopers do not bother me anymore. The fourth amendment does work.

You should show this video to the cops. They're under the impression that they can do anything they want, any damned time they want!

"whose cocaine is that" -> If there's cocaine, I'd expect it to be yours, officer. I know I don't have any.

Another note: The officer will not ask: "Can I search your vehicle?" That's too easy to refuse. What they will say is: "You don't mind IF I search your vehicle?" It's a deliberately confusing question. Because if you answer "yes", it can be construed that you agreed to a search, while the answer "no" also can be construed as giving permission. The best answer to that question is: "I'm sorry but I don't consent to any searches. Am I being detained or am I free to go?"

This is part of the reason I carry two car keys in me at all times. Doesn't happen often, but the last time a cop asked me to step out of my car I simply responded with "wait one." I then proceeded to raise my windows, close the sunroof and shut off the car. While he was looking at me I took the keys out of the ignition and dropped them in the center console. When I opened the door to get out, I made sure he saw me lock the doors and close it. Long story short, no citation. But he did have a very smug look on his face when he said I was free to go and got in his car smiling at me. That is until I whipped out my second key, unlocked the door and opened it. Jaw hit the floor. Don't fuck with me, I'm not that guy.

OK, in previous video like I said, 18 years LEO. I was in Golden Meadow Louisiana, speed trap capitol of Louisiana, and was stopped for "3" over in a rental car. Officer done all his questions etc, I was in rental car. He asked to search and I told him NO. He brought the dog out and being a former K-9 Handler, videoed the search. In the clip, I caught the Handler Directed alert . . . . . . . . Of course, they went through the car and found nothing. Long story short, watch some of these people as they are tax collectors and will try anything. I took the video to court, beat the 3 MPH over and got the dog and handler de-certified. I had to appeal it to a higher court because many small towns you have Mayors court, which you will lose anyway. Go to District court or higher in your appeal. Always be nice, but KNOW YOUR RIGHTS!!!

I was stopped in NH some years back. The cop said was snotty and said I was speeding. The speed limit was 35 and I was doing 40. He asked If I ever had a ticket in NH and I said no. He then wrote me a ticket for 5 over the speed limit and said "well I guess you have a ticket now" and chuckled. Well it really peed me off so when he gave me ticket I read it very slowly and asked several questions. It took me about 10 min to read the ticket and it was pouring rain. When I finally signed the ticket he was soaked and I wished him wonderful day and then I chuckled loudly.

People are afraid of cops planting drugs in their car.

I've been pulled over for "changing lanes without signaling". Problem is...that I didn't make the lane change the county officer said that I did as basis for stopping me. He came upon me at a point in the curve of the road at a speed that suggests that he couldn't even SEE me when I entered the highway, much less see me make the lane change he alleged. I corrected him when he offered his excuse for the stop and he became belligerent. He told me to get out of the car and then grabbed the door announcing that he was going to "look through it for his own safety". I shut the door and told him NO, that I wasn't consenting to a search and that I knew for a fact that he didn't have probable cause. He then searched me, huffed and puffed, wrote me a ticket and literally threw it in my lap. I told him I'd see him in court. He didn't show. The D.A. told me he had just left and I told him to call him and get him back in the courtroom. Puzzled the D.A....lol. I told him that it was worth risking having to pay a fine I didn't deserve to see the officer lie on the stand. It was dismissed within minutes. The "officer" is a well known liar and as the Community Correction drug officer has taken drugs from people I know and never turned it in as evidence. His ex-wife told me what he did with a lot of what he took off people. He's burned people bad, and there are folks swearing they'll settle up with him one day. He's no longer a cop, but works as a fire marshal. He's but one of several I know as corrupt and criminal. I've had nothing but a few speeding tickets in my 46 years..and other than a few beers and a little whisky, I've NEVER, EVER even tried an illicit substance. I did take a pain pill twice in my life...in 1997 after oral surgery with a prescription. I've got no use for liars, thieves, or thugs...with or without badges...but i have a burning hatred for officers who are those things.

Cop pulls a guy over for speeding and asks him for his license and registration. The man says I don't have a license and the car is stolen. The Cop says can I look in the glove compartment? The man answers, no, I have a a gun in the glove compartment. The cop asks, can I have a look in the trunk? The guy says no. There's s a dead body in there. The cop calls his Sargent for backup. The Sargent approaches the car and asks, license and registration please? The man hands him his license and registration. The Sargent asks can I look in the glove compartment? The man says sure. Go ahead. No gun. The Sargent asks can I look in your trunk? The man says fine and opens the trunk for him, no body. The Sargent says to the man, why would he say all of those things? The man says, bet the liar said I was speeding too.

I had a cop pull me over for speeding. After he took my information back to his car, he came back and asked to search my car. I told him I'd prefer he didn't. When he asked why, I said that I don't feel comfortable giving up my civil rights. He then said he smelled marijuana (my wife and I don't even drink), and I bluntly (and slightly grumpily at this point) said "no, you didn't." He then said that if I didn't give him permission to search my car, he would hold me there and wait until a K-9 unit arrived, and if the dog alerted he would impound my car to be "searched thoroughly" by removing panels etcetera. I waited for about 20 minutes before the K-9 showed up. Luckily it didn't alert (I know they have about a 50% accuracy rate). Still pissed me off.

Once a person puts on a badge, everything smells like marijuana.

My favorite conversation with a cop is the one I never have. I don't dislike cops but I don't trust them.

As long as the camera is rolling they will behave. Cops hate to be video taped. It makes their paper work more complicated. They find themselves having to tell the truth. Keep the video rolling.

So being a woman, I don't usually wear clothes that have pockets. Everything I need is in my purse. Since it's in the vehicle, can they search your purse?

Why can cops lie and we can't, but then in court they try , but they have to tell the truth. They lie and say oh I made a mistake . They don't get purgury. Why is that

I'm a cop, 24 yrs of duty,....AAAAA+++++++ PERFECT- WELL SPOKEN AND ALL OFFICERS SHOULD KNOW THIS. This is still the United States!

NEVER give permission for a cop to search your car. Once they start looking, they can plant anything they want, and then you're done. Never, but NEVER, give permission, *especially* if you're innocent.

I’ve read alot of comments, and most say “if there is nothing to hide” or “what if”, ect. Attitude affects action, however, with that said, it’s not about easy, or nothing to hide ect. It’s about rights to travel unburdened by authority without justification.

The real answer: whenever they feel like it, and if you try to stop them you will be arrested. Whether that's legal or not is irrelevant at the moment.

Whenever theirs a big drug bust in our area the newspaper always says the folks arrested "consented to a search" and they found 2 kilos or whatever of some contraband drugs. Who consents to a search when they're a drug mule.

I got pulled over for a broken license bulb late PM. "Can we search your car?" I told them no and and this is what they said " Why, you have something to hide". I said no, I am tired and want to go home and they said "Wait here, we are calling a drug dog unit". That pissed me off. No probable cause whatsoever and I created no suspicion. They railroaded my rights. The dog handler claimed the dog alerted. When I asked what it looks like when the dog alerts, instead of answering my question, she freaked out, raising her voice yelling out loudly about all her qualifications as a handler like I have no right to question any of it. They searched my car, stopped after another call 5 minutes later interrupted the search, and said you are free to go while of course, leaving my things strewn everywhere. The only bright side: no ticket because I cooperated. If there is a next time, I will take the ticket and get in their face and their bad ways. They wonder why people don't want to be cooperative. They lie to you and abuse their authority to trap you.

When I got arrested for marijuana in the car, the cop told me on the way to the police station everything I said wrong that led to that arrest. He was basically mocking me for not knowing my rights.

If they want to search, they are going to find a pretext to search. In my state, WA, we do not have to notify police of a CCW, so I never do. The one time I did, I was removed from the vehicle and disarmed, "for their safety." They then asked to search and I said no, they searched me without consent, kept peering in my truck with flashlights. Kept me in cuffs for 25 minutes in 12 degrees F, standing on the sidewalk. I filed a complaint, talked to the Sheriff, was basically told "we investigated ourselves, we did nothing wrong, GFY peasant." I consulted lawyers, none would take the case pro bono. End of story. They had no valid reason to pull me over in the first place.

Great job, I am a firm believer that everyone should know their rights. I am still in law enforcement 43 years. I have always talked my way into a person car. There have been numerous times the owner knew his rights and I politely thank them. I taught young teens how too insert their rights in a respectful manner because I have seen officers abuse there authority. Keep it up.

I have seen videos where someone was pulled over for a traffic violation. They asked to search the car. When denied, they are instantly pissed off and say, you are being detained till we get a canine unit. They have to wait for the unit to arrive, then the cop with the dog will go around the car at least 2 times. The cop will knock on the car signalling the dog to smell certain areas. If a bad cop, he will say that the dog signaled that he smelled something, but all the dog was doing was responding to the knocking on the car by the cop. It's best to video the event while this goes down.

OUTSTANDING presentation Steve Lehto from a 32yr LEO. Thanks for the education 👍👮‍♂️🇺🇲

Whenever they make up an excuse for reasonable suspicion they can search your car. But you don't have to give them permission to do it, and you don't have to make it easy for them. Plenty of times innocent people were framed by putting things in their car.

Cop may say, "You don't have anything your not supposed to have in your car do you?" Of course, not. "Then you won't mind if I search your car?" I think your advice at this point is solid. Constitution, Bill of Rights...

Friend of mine sold a car on eBay but he didn't want to use Paypal because of the fees, so he decided to drive the car interstate to the person who bought it and then he was going to rent a car and drive to nearest large airport which was 100 miles away. Long story short he was pulled over officer claimed he was weaving in his lane but he wasn't. The officer had him do field sobriety test then he asked if he had any drugs or large sums of cash. He being a law abiding citizen said he had cash sold a car was driving a rental car to the nearest large airport. The officer told him he would have to take the cash from him because anyone who carries that much cash could be selling drugs was told he could get it back after they investigate. If he didn't turn it over to them he could be arrested. He signed the paper which he thought was a receipt for the cash but in reality it was a document that stated he was allowing them to keep the money. In the end he had to hire an attorney and he got back his money 3 months later but cost him $8500 in attorney fees.

As a truck driver I was advised by an attorney several years ago to never submit to a search whether in your personal vehicle or CMV. And yes you do have the right to refuse to have your vehicle searched.

A cop will ask "DO YOU MIND if I search your car?" That way whether you say YES or NO it sounds like you are giving him or her permission. YES as in yes you can search my car or NO I see I not mind if you search my car. Be prepared to say "You DO NOT have my consent or permission to search my car."

I was pulled over one night driving in town,, the cop asks for my paperwork. They always ask you this question". Do you know why I pulled you over". I said no I don't .. he then ask do you know the speed limit through the intersection you just came through.. I said,, I'm not sure,, 35 I would think... he said,, its 25... Then he ask where I'm coming from and I told him the name of this bar in town. He said have you been drinking tonight?.. I said no officer I don't drink...(I go to this bar to shoot pool)..He then leans in the car and say's I smell alcohol... so he never said that in the beginning only after he knew I just came from a bar...Then he asks me If I would do a sobriety test? I said.. I guess... meanwhile I already no I'm clean... lol. So I take the blow test and he said to me,, how old are you? I said 65,,, you just had my drivers license dumb ass,, you know how old I am, is what I'm thinking...so I said,, so what where the numbers on the blow test... he sheepishly looks at me and says 0.0. ... Then he says,, thank you for your cooperation you may go,, by the way what cologne do you have on? It really has an alcohol odor.. OH REALLY... its called Jack Daniel's I rub it all over my face after I shave so I will smell like a drunk and people will stay away from me and leave me alone when I'm out in public... Smack ASS... Cop's are trained how to ask questions to trip you up...give them as little as possible... remember if you have something to hide,, they will get that vibe off you.... be smart.....out smart the COPS....

If a police officer asks you to get out of your car MAKE SURE you close the door behind you even if the officer tries to keep it open or says keep it open! That is another trick they use to search the car later! I have been there!

I am a certified EMT and have worked as a professional ski patrolman for 35 years. After sweeping trails and punching out I left the ski areas after 5pm. I was stopped by a state police officer downtown after leaving the ski area. After presenting the officer with my license, registration, and insurance, he inquired if I knew why he stopped me? I replied "No." He stated, "Your license plate is obstructed." (It had snowed the entire day.) As I opened my door and to view and clean my plate, he shouted, "Don't get out of your car." I closed the door while he checked my license and information. (No arrests, warrants, violations, or unpaid parking tickets.) he returned my information and told me to pay attention drive safely. Four miles down the road a second state policeman stopped me and inquired if I knew why he stopped me? I replied, "Yes. It's because it"s snowing." He shouted at me, "Are you some type of wise guy?" I relied, "No. But the officer that stopped me in the center of town 10 minutes ago told me my license plate was obstructed with snow and wouldn't let me out of the car clear the plate." The officer never looked at my any of my documents, but rather walked to the rear of my vehicle and cleaned off the plate, and told me "Please drive safely." Some Officers are pissed when you obey the law.

I'm from Colorado. Got pulled over for speeding (Guilty) driving across Kansas. I was carrying concealed with a permit and advised the officer. He was not concerned. Gave him credentials, he ran my license and and it came back clear of course. After he handed me my stuff and gave me a warning, he asked if he could look in the back of my SUV (remember that Colorado Plate?)... Marijuana is legal in Colorado, Not in Kansas. I don't use it, my friends don't use it, I haven't touched it since 1985. I went over options in my head, knowing there wasn't anything illegali in there and he didn't have resonable suspicion OR probable cause having worked for a Judge for 5 years. I thought "me, a Deputy, alone on a backroad in the middle of nowhere, this could go 2 ways, he could delay me by getting a warrant if I said no, or I could just let him look and be on my way. - I chose to let him look. I got out of the car, he asked me for my pistol, which of course, I had no problem with, he set it on the passenger seat and let me show him around the stuff in my car. I contemplated "no thanks" ...but was a little twitchy as to what might happen if he was persistant. There was nothing in the truck, he was satisfied, told me to slow down and I was on my way...he was very polite about it. I was there maybe 15 minutes total. It DID have me thining though (I'm 56, very polite and cooperative and have a clean record)... anyhoo...great topic!

once when I had stopped at a local gas station for a cup of coffee a local deputy came in and asked if he could look in my car and I told him sure and he went out and came back and said the car is locked and I told him he could look thru the glass but no he couldn't get in my car.then he says ,I can get a warrant, so I told him go ahead and get it.and then he left me alone and I left.

"Under advice of council, I respectfully refuse 'any' search. Thank you."🦁✌

You say you gotta get out of the car when asked? I’m on oxygen and have spinal cord injuries that prevent me from being able to get out of the car in fact my partner has to push me in a wheelchair that’s in my trunk, my question relates to that, what if you CANT get out of the car when asked?

My father was an attorney for almost 50 years. He always said do not ever answer questions from LE. Examples, what are you doing out at this hour? Where are you going, coming from? The reason he gave is LE is fishing, for inconsistencies, anything stated they may use against you, it is better to state I will invoke my right to remain silent. Just my two cents.

Thank you Steve, great job! My suggestion 1. Do a 5 minute (or less) video because most of us have a short attention span. 2. Encourage and warn people to not fight or resist the officer if they do not agree with his actions. They have no way to understand what is in the officer's mind and it will likely get them more trouble than a simple traffic ticket. Resisting and fighting with the police can end in injury or death. The court provides a mechanism for the citizen if they are wrongfully detained or searched.

"May I search your car?" That's very nice of you to ask, but no, thank you. I can do it when I get home.

Ya mean, you can't ask the cop, "Empty out your pockets first, then I'll decide if you can search my car or not." Some Florida cop just got busted for planting drugs in a car.

In the good ol' backwoods of Saline County, Arkansas the police tend to do as they please regardless of any laws. I recently as of a week ago went to jail for two days now "routine traffic stop". I was driving with a suspended license however, the cop who didn't know me from the next person down the road, said he knew I didn't have a license so that is why he stopped me. Upon him saying that to me, he then said I'm going to need to search your car. I laughed and ask why? On a routine traffic stop theirs no need to search anything but not that I would mind but I do mind so I'm going with NO your not searching my car. He said then I'm going to call a K9 officer out here. I said well like I said sir I DO NOT GIVE CONSENT TO SEARCH ANYTHING ON MY CAR OR IN MY CAR AT ALL PERIOD. He then walked to his truck and when he came back he said I need you to step out of your car mam so i can detain you. I said excuse me on what grounds are you detaining me? I've done nothing wrong and not given you any reason or probable cause to even want to search my car He said that knife you have in your console is enough probably cause for me to search you and your car. So he began to act weirded out with his hand by his Gina's if I was going to do something to him. Like really?! I then asked him, what is the difference between detaining and arresting because basically they are the same thing right and you have no rea reason to do either to me. He then became aggressive in his tone towards me and began to cus when speaking to me. So I then said look officer I don't appreciate the way you are speaking to me this is clearly a routine traffic stop of which I have give you no reason to search me or my car or even detain or arrest me for that matter. So I hadn't choice but to step out of my car, and he then put hand cuffs on me and told me to stand in front of his truck to then wait on the K9 to show up. I said so you are now taking my right to give or not give consent to search my car completely away from me? He said no but we are going to let the K9 officer go around your car. And if it should alert us then we have all rights to search the inside regardless of your consent or not. No surprise here but the K9 of course alerts the two cops while I had no choice but to stand back and watch them literally destroy my car from front to back and top to bottom. I knew for a facti had no drugs or paraphernalia in my car. I did however have a couple of syringes and I am diabetic. So the cops test the syringes as i told them your not going to find anything In my car and those are used for me having diabetes. The K9 cop walked up to me after testing the syringes which came back NEGATIVE FOR DRUGS on them. But she said look mam I'm diabetic and those syringes are not used for diabetes so stop lying. She loudly said that extremely close to my face close enough to smell her breath if that tells you have close she was. Then she said well we are going to site and release you because the jail is over crowded and this is only a traffic stop as she was getting ready to take those cuffs off my wrists the guy officer who pulled me Over said umm hold up we are going to impound your car since 6oy have no license so you can go pick it up at the impound lot shortly. And within that same breath he says actually we are not going to let you go at all. We are not placing you under arrest for drug paraphernalia and instruments of a crime x3. I said what?! I don't have any drug paraphernalia or drugs in my car at all. He said yes you do it's a straw with residue. Then I laughed and became extremely pissed because I DID NOT HAVE DRUGS OR PARAPHERNALIA IN MY CAR AT ALL PERIOD. I asked to see the evidence since he was arresting me for something I knew for a fact was not in my car he said no I'm not showing you anything and I don't have to show you anything. And I'm not arguing with you. You have a straw with drug residue on it and now your going to jail!! I sat 8n jail for two days waiting for the bond hearing to I could get a bond to be released knowing I never had anything in my car that was drug related in it. They gave me a $15,000 signature bond and let me walk out. This all happened a week ago. Ive been harassed by these idiot cops in saline county for way too long now and enough is enough. They were pulling me over 3x a week and shredding my car I've never had a drug charge in my life. This is insane. I'm fed up and done with being harassed and now having to sit in jail for two days for something that was not even in my car at all. I go to court December 7th 2021 regarding this issue. Like I said police do what they want to do out here because basically no ody really stands up to them Well they have met their match because I will not have a drug charge on my record when their was no drugs or related paraphernalia in my car. #CantStandSalineCountyArkansas #RachettePolice

I’ve seen multiple instances where they bring the dog to the scene and the dog actually goes inside the car during his “search”. Why is the dog allowed to go inside the vehicle after you’ve told the officer that you do not consent ?

Some years ago I was going through a Border Patrol checkpoint in Arizona. Like you I don't partake in any refreshments, but I had longish hair, an old t-shirt, and a Humboldt State sticker on the back of the car. Emerald Triangle. So as I'm going through an officer shoves his dog against my car, and directs me into the secondary exam area. Tells me the dog's hit on the car, (dog's watching the butterflies), but they're only after smugglers, and if I just hand over my personal stash it's all good. I got nothing. So they ask me to step out and inform me they're going to have the dog search the car. So I grab the bag off the passenger seat, my road snacks. They put the dog in the front seat, he sniffs around, goes to the back, sniffs around, goes back to looking at butterflies. Again, if I just hand over my personal stash, I can go, otherwise they'll search my car. I got nothing. So they dig through all my stuff, spend 20 minutes trying to get me to hand over my personal stash. They were determined that I had to have something even though the dog had no interest in my car. Duh! I'm lucky they didn't dismantle my car. Also occurred to me later I'm standing there holding my bag of snacks the whole time. They never looked in the bag. Now I didn't have anything in it, but I thought that was funny.

I was asked this very question about eleven months ago. Driving home, late at night, one headlamp out, and the cop in the oncoming lane does a U-turn behind me and pulls me over. After asking for, and getting all the necessary paperwork, he comes back and tells me that he's giving me a "waivable" ticket (Oakland County, MI) for an inoperative headlamp. He explains that all I have to do is get it fixed and get the repair verified at my local station and the ticket will be dismissed from that point on. I'm thinking...great, nice night for a reasonable interaction with a nice cop. THEN...after giving me the ticket, he asks if he can search my car. Now I feel slightly guilty for saying no since he came off so reasonable with the ticket. I bit the inside of my cheek and still said "I would prefer that you not do that, sir." He looked at me with a little smile and said "Why not, are you hiding a body in your trunk?" I just laughed and stated that I hadn't done anything to justify that sort of attention, but I did appreciate the offer. A couple of "Have a good night"s and that was it. It was one of the officers from Bloomfield Township Police but the name, unfortunately, escapes me. I always treat cops the way I prefer to be treated, with some respect, a little humor perhaps, and some understanding of the other person's situation. It's never served me wrong so far.

"Why are you driving so late?" None of your business if the road isn't closed.

Do not allow anyone to search your vehicle because some normal tools can be presumed burglary tools. A friend stopped to change a flat tire. An officer stopped to "assist". In his trunk, Jim had bolt cutters and chain for repairing playground equipment. He was arrested for possession of burglary tools. I was the unit security officer and this event caused huge amounts of aggravation for his clearance.

Police: "Can I search your vehicle." Me: "No, thank you." Police: "Why not?" Me: "Because, if you misplaced something it's probably in your car, not mine."

And when their puppy makes an alert, they search and find nothing how do we do something about this pup and handler for the false alert?

At 2 in the morning my daughter, on her way home from work, was pulled over for doing the speed limit. No weaving, or anything else. Nothing happened, but it did delay her getting home.

I wish I knew this when I was in my 20s...to late, but I’m teaching my kids their rights

This has happened to me numerous times in different states: *Prelude:* Stops were initiated from speeding, bad taillight, incomplete stop, etc. and a couple of times the reasons given were scenario 2, but I suspect profile. Scenario 1. Officer claims to smell marijuana (impossible). No need for permission. Probable cause established, searches and finds nothing. Scenario 2. Officer claims a vehicle matching my description was involved in theft of either tools, wallet, phone, stereo, etc. whatever; robbery or burglary. No need for permission. Probable cause established, searches and finds nothing. (theft of tools was quite a common reason) Most of these no ticket was given and a few were extremely long searches. I can count approximately fifteen times this has occured in 4 different states in my 30+ years of driving. Profile? I am caucasian, very long hair, driving highly modified and loud (visually and audibly) cars. (hippie driving a hot rod for lack of a better description)

The last story he told happened to me 22 years ago. Gave me the traffic ticket. Then said I was acting nervous. He asked me to step out of my car to pat me down for weapons. I complied to his order. Not finding any weapons, he then asked to search my vehicle. I responded just like I should have. A polite "No sir. I'd rather get going bc I am late already(which was my reason for speeding). His smug response of "The Supreme Court says I can bring out a dog and have him run your car" brought out the argumentative side of me. I told him there is no reason for this, that he wouldn't do it if it were my Mom or my Grandpa he pulled over. I now am annoyed and tell him that he's wasting both of our time and the taxpayers money for no reason other than a power trip. But he insisted that he was fully within the letter of the laws and that I was going to wait for his K9 unit to make sure I wasn't a terrorist with "hidden bomb making materials". After waiting a while they showed up. Then once prepped, three full circles completed on the vehicle with no hits. Then he let the dog put his paws up on my door(caused scratches in the clear coat) and put his head and nose into the car bc the window was down for communication with the officer. Suddenly dog goes ballistic. Straight for an ashtray that had a two week old roach from a Doobie smoked weeks prior. Not a big fat stinky roach. This thing was smaller than my pinky finger nail. And prouder than most Father's would be of having their son become a Pro Athlete, both cops held me against the car while praising the wonderful job the dog did to take another young criminal off the streets. Jailed me. Made me bond out. To then tell me if I would have told him about it, he would've let me go. This is such a horseshit comment after the fact. And easy for him to say to make me feel stupid. Long story to say I guess I'm not the one who should've felt all that stupid. My attorney argued my case more effectively than the prosecution was able to. Specifically, the Judge ruled that the marijuana charge was thrown out due to the extended time to the traffic stop. From the time pulled over to me signing my ticket was 16 min. However from that time until the time of my arrest was another 35 min. This was deemed not reasonable to detain me for that amount of time after having been issued my ticket. It was explained to me like this. The moment I've signed and then been handed my final ticket, that they have no more business with me. And I do not need to ask to leave, that I can assume that I'm free to go immediately thereafter and roll up my window and lawfully drive away. So this has been the concensus among judges for quite some time. But here is the real double back b.s. that a judge can and did do to me. Once I plead guilty to the speeding ticket, he put me on a "SUPERVISED" probation for 12 months that had a $50 per month fee. And had to submit to random drug screenings of which I was required to pay another $25 per test taken. Also was sentenced to an anti-drug/alcohol driving class. That class costed me another $250. Probably got a worse punishment after they dropped the drug charge than I would've otherwise. Those are things, my lawyer, nor even the prosecutor I think, saw coming as part of my sentence. The surprise and pleasure on the prosecutors face still is perfectly clear in my memory bank to this date. So just remember, the system can be used to overcome unfair and unlawful search and seizures. But a judge can do just about anything, within reason, that they want or feel like when it comes to sentencing anyone in their courtrooms. Sneaky m'fer got me good.

Thank you for the free advice ! I hope that you do well in your profession. You are an awesome teacher of law, and a good asset to the law firm you represent. Again,THANK YOU FOR YOUR SERVICE TO THE STATE OF MICHIGAN AND YOUR COMMUNITY !

Steve Most Leo's here in Florida will ask "Do you mind if I/we search your vehicle?" They do that so if you say no they can construe it to mean "No, I don't mind". Always say "I do not consent to searches."

Over the last several years some of my family members have allowed our cars to be searched and on 3 separate occasions they left behind damage to door panels, controls and under the dash panels and wiring. The under dash was so bad I turned it in to my insurance company for nearly $600. I told them it was due to vandalism by the officer and included his badge #. The insurance covered the repairs so this is one of the best reasons for declining permission for a search. There are good cops I’m sure but there are a lot of jerks who are cops. One thing, don’t be disrespectful but stand by your rights.

Years ago I would have trusted all police officers. Not today. One of their favorite reasons for a traffic stop is “I saw you weaving”.

I” respectfully decline”, is the proper way to respond to law enforcement asking to search.

You should NEVER let them search your car, You wouldn't be even nearly the first person to go to prison for planted evidence.

You know, I have been out of the US for most of the last 25 years. In 2018 I had to return for back surgery. During this time I took two cross country trips. Four times I saw people pulled over by hi way patrol. (Well, it was more than that. But, these four were special). The occupants were standing beside the car and officers had emptied the contents of their vehicle behind it. Just stacked up. One case was an old couple holding each other. Another case was a couple that were obviously moving across country (Uhaul being towed). The hi way patrol had emptied the car and the trailer there along side the road. He had back up to help empty the vehicle and trailer. The other two times were just two guys pulled over and the contents of their vehicle along the roadside. I was shocked at seeing this. Not once but four times. I have never in my 54 years of driving ever seen this.

Here in texas, if you make them get a warrant, they are highly likely to plant something illegal in your vehicle when they get back with the warrant. I know several people who have had this happen.

Police canines will always alert when the officer wants him to.

I got stopped for 'driving too slow' (i.e. the exact speed limit of a service drive at 2AM because I was being VERY careful on purpose that night because there were bad cops by reputation in the area). I was in a sleepy middleclass suburb in Michigan, and wound up handcuffed in the back of a squad car while two cops - man and woman - lazily rifled through my trunk, laughed at my Bible and threw it back in the trunk while they went through my file box of personal documents. SOooo .... saying "no you can't search my car" was moot since there was nothing I could do about it since they took my car keys and did it anyway and there was no witness traffic. When I got out of jail three days later (arraignment for NOTHING on monday) and my car out of impound, those personal files in my trunk were half gone, and the bank was sending me security notices that someone was trying to open new debit cards and did they have my permission? It gets worse. And because I was walking for a couple days before getting the car out of impound, they stopped me AGAIN as a pedestrian, rifled through my purse and asked me if I had any money. And when she didn't find any, she threw my purse back at me and they drove away. I don't have an attitude against cops. Couldn't pay me to do their job and I'm glad they're around. But can't trust all of them, and there's nearly no way to weed them out because they protect each other with the benefit of the doubt. I mean I'M the bad guy, right? Who're they gonna believe?

I got pulled over last night for my taillight having red reflective tape covering a broken spot. I just moved here a couple weeks ago so i have out of state Army veteran plates. He told me why he pulled me over and then asked me where I was going. I had a problem with that. I told him I'm 55 years old; I am a United states citizen and it is none of his business where I'm going. He didn't like that. He asked me where i was coming from. Again i said same thing. As long as I'm not on private property without permission i can go anywhere i want. He asked me if I had been drinking. I asked him why he would ask me that question. He said my comments. He took my documents back to his car and when he came back he asked if I have anything illegal in the car. I said the only way he is going to find out is by bothering a judge at dinner time and getting a warrant. He asked why, because you do? I told him ted tape on my taillight has nothing to do with it. He wasn't sure what to say so he told me he is currently in the Army reserve. I told him it's a shame he is treating a comrade like this. He gave me a verbal warning and walked back to his car. I dont drink and there was nothing in my car, but i wil never give cops permission to search anything. They have way too much power over another man. And having red tape on my taillight is not against the law

In my experience when you are asked to step out of the car, things are about to get worse.

Or the all too infamous line - "Your vehicle matches the description of a vehicle used in a robbery."

When the object changes from helping people to drive better, to paying the bills of a major municipality we all lose big time.

Answer: Anytime they feel like it. They just gotta say they smell alcohol or drugs, or suspicious activity, etc etc.

I was traveling from Texas to Arkansas. and had pulled over to eat my sandwich. A cop pulled me over, in my car towing a 4X 8 trailer loaded w/ furniture. The cop had a cop call a K-9 unit RIGHT THERE. The dog "identified" something. The something was SAUSAGE I was keeping cold in my trunk for the trip. The cops opened my trunk, and found a LEGAL TO CARRY IN YOUR TRUNK pistol there, arrested me for carrying a weapon, threw me in jail. I got a lawyer. The trial was months later in Ft. Smith Arkansas. I'm in Austin Texas. I was also carying cash to put down on real estate UNDERNEATH the real estate contract in a breifcase. I was all set to go to trial. It was ONE DAY before the trial before the cops dropped the charges. They knew they had nothing. They just wanted me not to show up to trial so they could keep my real estate purchase money. It cost me very unpleasant and unsanitary jail time, lawyer's and bail fees, and loss of the real estate property. Arrogant cops. Wouldn't call my real estate agent to see if I was legit. I said; "I'll take a lie detector test". Told me that they'd "give me a lie detector test when I started telling the truth". Now, there ARE decent cops out there, and I co-operate with the law and try to make them feel at ease. However, asshole cops have driven me to become very skilled w/ firearms and knives, ( better than most cops) and if I "smell"a crooked cop again, I might just panic, and shoot. The experience that I outlined has traumatized me that much. I'm too old to take that shit again; especially w/ the virus being rampant in jails/ prisons. Oh yeah, afetr I got out of jail, I went to pick up my impounded car and trailer. Had to pay an impound fee. Cops had left my trailer, w/ my antique furniture stripped of my tarp. Snowstorm came. My dad's antiques ruined. Picked up my (now rusted) pistol from the cops. Later threw it away. They'd let my car overheat. Barely made it to my destination. Later gave the car away. I was contacted by national news sources on this. But someday I will do thre FULL story onnthis and get the bastards who did this to me via media. Moral: don't give cops a reasonn to screw w/ you. Bad ones will .... maybe because they haven't been laid in 2 months, or their steak was over-done last night. NEVER depend on the "serve and protect bull. It's about half true. Footnote: It's legal for cops to lie to you. It's illegal for you to lie to them. ... Can you say: "Double standard". ???? By the way; thanks for your video.

Steve, you are going to hate this story from my misspent youth, but here goes. I was 19 (30 years ago) and I got pulled over for expired plate by two hours. Date at my girlfriends ran late and left her house at 0200 and it was the end of the month and my lazy butt didn’t put my new sticker on. Police had a legit stop, and ask to search the car. I had a Chevy Blazer then. I said you can look around, but NOT the center console and I had it locked. He had less interest in my car and needles me about the center console. Finally he searched my blazer upside down and found nothing. Literally my truck was super clean and neat, I’m particular about my cars looking nice. He ask again about the center console and I said “no thanks”. I laughed out loud when you said the same thing here. Anyways fast forward 2.5 hours (sun was coming up) and he produced a legit search warrant for my blazer. I ask him not to break the lock for the center console and I unlocked it for him. He opened it to find nothing. No papers, no lint, dust, nothing. He was super pissed and said he had to plead to a judge and he had to explain himself now. I said maybe he should have probable cause before getting himself in trouble. Lol. Sorry for the long story and I am on the straight and narrow, never getting in trouble and still giggle over this. Thank you for the entertainment on your page. Aces!

Don't give consent to search. As a law enforcement officer of 17 years in a major metropolitan area it breaks my heart to state this. But video evidence has shown there are far too many agencies in the country that lack a moral compass. This applies to probably many podunk agencies in the South but as we have seen it has been rampant in Baltimore. At some point, this unethical behavior is going to percolate to the point juries have it in their heads. At that point, every officer's testimony will become suspect. All because of crooked cops and crooked agencies.

Hi Counselor. As a retired Connecticut police officer I won't comment on some of the Michigan specific stuff. The Terry Stop (stop & frisk) is a country-wide thing for those of you questioning that. My whole point to your listeners/readers is take in all the information you can to educate yourself. If you don't agree with what the police officer is doing, your fight is in the court NOT at the roadside which often ramps up things which can quickly get out of control. You can win in court against the officer if they did something wrong. You will be vindicated. Maybe even win a civil claim and get money and have your moment of fame on your soapbox to say how all cops are bad cause you had a bad one.....but I digress. Don't escalate things roadside cause your pissed. Yes, know your rights. There are good cops and bad cops like e-v-e-r-y-t-h-i-n-g else but please do your fighting in the court system.

I live in Florida, so when they ask why they can’t search, I just tell them that Florida cops are known for placing drugs in peoples vehicles. They know I’m right because of a huge case of a Florida cop doing that!

My father is a cop and my mother is a lawyer. And even they say to say NO to searches. There's my reason.

After you say "no" they will call a k9 unit and the dog will give them the ability to violate your rights.

In California was in a DUI checkpoint. I was asked if I had anything to drink; I told truth: a beer over one hour ago with dinner. Out of the car!! then they took my car and drove it to side street. They kept testing me for intoxication (was completely sober) then finally let me go; went to my moved car that they had someone drive without my permission, had about $300 missing that was inside the console (so searched car), they had changed setting of lights and engine was running. I felt like I was in a third World country; the Police were all armed and aggressive. I am white collar guy, that incident and others that were told to be by my law abiding friends really changed my perception of US "law enforcement"

I have learned so much from this channel. Thank you so much.

Thank you for the info I am currently embroiled in a case where I was pulled over for no seat belt, issued a ticket and as he went to hand it to me he seen a rock on my dashboard and then claimed I couldn’t have a rock in my car inside a national park and then said he had the right to search for more rocks. .... ROCKS! So I refused and requested a superior officer, he denied both requests, searched my car and came up with a bag of “dope”. He never showed it to me but said it was under my seat. I went to jail and now have to go to trail and spent $5000 on an attorney. Hopefully it will be dismissed.

I once bought a used car and after owning it for many years I removed the console while upgrading the stereo system and found a small bag of pills. No idea what they were, but am sure they were stuffed in there from before I bought the car. Had I been pulled over and allowed a search I probably would have screwed. "No thank you."

Cops are not your friend.

you are a really good story teller, bet you are one heck ofa lawyer in court. thanks for the video.