Refusing a search

I was reading the question you answered about the lady getting pulled over and asked to be searched. The cop threatened to call a K-9 unit if she didn’t give him whatever she had in the car. I realize he needs to ask you if he can search your car, but it seems too easy to let you go even though you most likely have pot in the car. What happens if the cop does call the K-9 unit?

Let’s say you are stopped. The cop gives you a ticket and then tries to get you to consent to a search. The cop can lie and threaten you, but don’t give in. Ask the officer, “You have given me a ticket. Am I free to go now?” He will probably say yes or say nothing at all. If the cop says nothing, respond by saying, “I’m leaving now unless you object.” Then get into your car and drive away.

The cop needs reasonable suspicion to hold you and bring in a canine unit. Unless the officer sees it or you have admitted it, there is no reasonable suspicion and the cop cannot hold you once his business with you (ticketing you) is completed.

Don’t leave if the cop says you are not free to go. Ask why or if there is a problem. Never consent to a search. Sometimes the cop will violate your rights and search you anyways. But even if this happens and you are arrested, the search will be thrown out in court, as long as you refuse to waive your rights. If the search is thrown out, the case will be dismissed.

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