not true,they cant tow you over a search. the search is must yield something to warrant the tow.
they can hold you in the car, but thats it.
they can hold you in the car, but thats it.
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Would a cop really impound a vehicle for a property search warrant? I know they can do a free air sniff with a dog but impounding your vehicle for exercising your 4th amendment right seems unreasonable.It's not as likely to happen now that they're more commonly stocked and sold at places like Academy. But I would certainly keep a copy of the ATF letter very close to it just as you mentioned. I agree that you shouldn't have to submit to some random roadside search of your vehicle. Even though most of us have nothing to hide it's a personal privacy issue. However... just in case you didn't already know...it would go something like this.
Cop wants your consent to search vehicle. You refuse. Okay fine cop puts YOU in the back of his patrol car while he calls his superiors. Then the tow truck shows up and tows your vehicle to the impound where it gets searched and inventoried anyway. Meanwhile officer Dickhead is coming up with citation offenses he can write up. And when it's all said and done you get to either waste a day(s) in traffic/state court beating the tickets or paying them. Plus you're out whatever the towing and storage fees are. Oh and you were in the RIGHT the entire time. But does that make it any better?
That's the trick to the search most people don't know about. YOU have every right to refuse the search and I believe even the dope dog walk around. But when you do it gives them the green light to impound your vehicle where it will definitely be searched anyway.Would a cop really impound a vehicle for a property search warrant? I know they can do a free air sniff with a dog but impounding your vehicle for exercising your 4th amendment right seems unreasonable.
LEO can technically impound a vehicle for a search warrant but the officer better have a good reason for doing so otherwise any self respecting supervisor would look very bad allowing that to happen with no good suspicion. If you are talking about LEO overreach, a better example would be an officer claiming they smell the odor of marijuana or alcohol coming from the car, wherein no odor exists and they are lying, I've personally seen that before. That gives them probable cause to search the immediate areas around the vehicle where the odor exists, usually around where the driver can reach. In that case there is no need for consent or a drug dog, if the officer simply claims that.That's the trick to the search most people don't know about. YOU have every right to refuse the search and I believe even the dope dog walk around. But when you do it gives them the green light to impound your vehicle where it will definitely be searched anyway.
It's kind like the DUI laws work or used to work. You don't have to consent to the breathalyzer test. But if you refuse it then it used to be an automatic 1 year suspension of your license. And if they choose to really be dicks about it they can and will take you down to the ER to draw blood. Considering how much and how long a DUI costs it used to be worth it to just refuse and take the year suspension. But believe me it's not just the second amendment being trampled on a daily basis.
Your vehicle CANNIT be impounded for refusing a search and refusal IS NOT probable cause to get a warrant.That's the trick to the search most people don't know about. YOU have every right to refuse the search and I believe even the dope dog walk around. But when you do it gives them the green light to impound your vehicle where it will definitely be searched anyway.
It's kind like the DUI laws work or used to work. You don't have to consent to the breathalyzer test. But if you refuse it then it used to be an automatic 1 year suspension of your license. And if they choose to really be dicks about it they can and will take you down to the ER to draw blood. Considering how much and how long a DUI costs it used to be worth it to just refuse and take the year suspension. But believe me it's not just the second amendment being trampled on a daily basis.
Well I'm not a legal expert by any means. And it may have changed in recent years. But that's how the Macon PD used to do it legal or not.Your vehicle CANNIT be impounded for refusing a search and refusal IS NOT probable cause to get a warrant.
You cannot refuse the dog walk around. If the dog alerts, then the police have probable cause for a search and no longer need your consent. If nothing is found during the search, you are free to go about your way.
Sounds right. I once heard an Atlanta attorney named George Stein tell the Regular Guys ( former radio show which was great) that when you take the breathalyzer at the station the administering officer likes to throw away the first results and claim it was a test run or not sufficient. In reality you can make them go with the one and done first results. But you know...ignorance to the law and whatnot.LEO can technically impound a vehicle for a search warrant but the officer better have a good reason for doing so otherwise any self respecting supervisor would look very bad allowing that to happen with no good suspicion. If you are talking about LEO overreach, a better example would be an officer claiming they smell the odor of marijuana or alcohol coming from the car, wherein no odor exists and they are lying, I've personally seen that before. That gives them probable cause to search the immediate areas around the vehicle where the odor exists, usually around where the driver can reach. In that case there is no need for consent or a drug dog, if the officer simply claims that.
As far as DUI's go, you can and should always refuse a breathalyzer if you have been drinking and are pulled over. The officer will arrest you on the suspicion, key word suspicion of DUI but you are not convicted until the big hammer swings. They will draw your blood at the station to confirm your BAC, by that time though you BAC has more than likely has significantly reduced and is not what it would have been if you had blown. Plus the breathalyzers are often not calibrated or can show a false reading. I don't know if your license will automatically become suspended by being arrested for DUI, I think that is a scare tactic to get people to blow, convicted however I would see your license being suspended. Innocent until proven guilty.
Talk about off topic but yeah that's my 2 cents lol