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Old 05-04-2014, 08:07 PM
 
Location: Saint Louis, MO
3,483 posts, read 8,981,966 times
Reputation: 2480

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Was chatting with my step-father earlier today and he told me of an interesting situation that happened to him about a year ago.

He was driving cross country, and had stopped to fill up his car at a truck stop in a small town in Kansas. He emerged from inside the truck stop and was approached by two police officers (county sheriff) who started questioning him about what he was "doing"...after they asked some questions, the officers apparently said they believed he might be trafficking drugs, and asked to search his vehicle. He obliged, and they searched the car, and his luggage.

After not finding any drugs, they let him continue on his way. I know that the search was legal since he said yes...but what if he'd said no?

He believes the instance was racial profiling, to provide some demographics my step father is a 56 year old African American male. He has a college degree from a big 10 school, and dresses very conservatively, he was also driving a late model Japanese sedan.

Curious to see opinions. Thanks.
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Old 05-04-2014, 08:23 PM
 
Location: Port Charlotte
3,930 posts, read 6,417,490 times
Reputation: 3457
It is going to depend on the state. In Texas, no means no. They will have to get a warrant. In PA, if police have a substantial belief of illegal actions, their SC said the cops can search without a warrant.

As I have seen cops plant drugs, my answer is always NO. And I worked as an investigator for a large Texas suburban city and saw the system work from the inside.
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Old 05-04-2014, 08:46 PM
 
Location: North Texas
24,561 posts, read 40,171,805 times
Reputation: 28547
I'm a white female, college-educated, conservative dresser, in my late 30s. I'd have said "No" and I have nothing to hide.
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Old 05-04-2014, 08:54 PM
 
Location: Chesapeake Bay
6,046 posts, read 4,801,587 times
Reputation: 3544
I don't care one way or the other. There is nothing in my car thats worth anything other than the car itself.

Search, waste all the time you wish, nothing to me.

Besides, I'm the older grandfatherly looking type and am almost never questioned about anything. Good thing they don't know what I'm thinking though.
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Old 05-04-2014, 08:54 PM
 
Location: Free From The Oppressive State
30,207 posts, read 23,620,464 times
Reputation: 38553
I would have said, 'no!' but keep in mind, I've never been pulled over for DWB so I'm sure I wouldn't have even been asked that question.
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Old 05-04-2014, 09:01 PM
 
Location: Palo Alto
12,149 posts, read 8,395,888 times
Reputation: 4190
Just so no. All they can do is pull you over for some BS infraction a few miles down the road.

The police are getting seriously out of hand in many respects. Very concerning.
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Old 05-04-2014, 09:09 PM
 
Location: Texas
37,937 posts, read 17,789,742 times
Reputation: 10366
Quote:
Originally Posted by flynavyj View Post
Was chatting with my step-father earlier today and he told me of an interesting situation that happened to him about a year ago.

He was driving cross country, and had stopped to fill up his car at a truck stop in a small town in Kansas. He emerged from inside the truck stop and was approached by two police officers (county sheriff) who started questioning him about what he was "doing"...after they asked some questions, the officers apparently said they believed he might be trafficking drugs, and asked to search his vehicle. He obliged, and they searched the car, and his luggage.

After not finding any drugs, they let him continue on his way. I know that the search was legal since he said yes...but what if he'd said no?

He believes the instance was racial profiling, to provide some demographics my step father is a 56 year old African American male. He has a college degree from a big 10 school, and dresses very conservatively, he was also driving a late model Japanese sedan.

Curious to see opinions. Thanks.
Please educate him. Never answer questions and never allow a search.

A professional insurance adjuster, George Reby, was traveling through the state from New Jersey when he was stopped and asked by Officer Larry Bates if he had large amounts of cash. He said that he did — $22,000. The officer demanded the money and said that he was confiscating the money on suspicion of drug activity. That is it. The mere fact that he was carrying a large amount of cash was enough under this policy to seize the money. The police know that many out-of-state travelers never come back for the cash and they are then allowed to keep the money for their own uses at the department.

Highway Robbery: Tennessee Police Are Seizing Cash From Out-of-State Visitors In Policy Called “Policing For Profit” | JONATHAN TURLEY
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Old 05-04-2014, 09:23 PM
 
48,505 posts, read 96,644,082 times
Reputation: 18304
Since its a vehicle and search laws on vehicles with no arrest or control on vehicle means if they have probable cause they can search. In court it comes under same probable cause requirements. as to obtain a warrant. Has to do with reasonableness because of circumstances. If they arrest first then they control and have time to get warrant. This is nationwide as its per supreme court ruling. Since we do not know what they knew we can not assume to judge whether they had probable cause in your fathers case.When they stop you even on traffic they can search anywhere a weapon maybe hidden for their own safety.
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Old 05-04-2014, 09:28 PM
 
2,950 posts, read 1,630,096 times
Reputation: 3797
Quote:
Originally Posted by Weichert View Post
I don't care one way or the other. There is nothing in my car thats worth anything other than the car itself.

Search, waste all the time you wish, nothing to me.

Besides, I'm the older grandfatherly looking type and am almost never questioned about anything. Good thing they don't know what I'm thinking though.
Very dangerous view to have.

Hopefully the authorities don't claim you must have contraband hidden up your butt after searching your car and finding nothing.

I think you would mind then.
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Old 05-04-2014, 09:29 PM
 
Location: Stasis
15,823 posts, read 12,425,253 times
Reputation: 8599
Quote:
Originally Posted by flynavyj View Post
After not finding any drugs, they let him continue on his way. I know that the search was legal since he said yes...but what if he'd said no?
At the very least he'd be 1-2 hours behind schedule on his road trip.
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