Coping With the Cops:
Should You Let Them Search Your Car?
Coping With the Cops:
Should You Let Them Search Your Car?
by Mike Ketcher
The Financial Privacy Report
Last
month, we told you about a recent Supreme Court decision limiting searches
of your car. But, don't let your guard down just yet. Police still search
cars...and even if you're innocent of any crime (or think you are)a police
search can land you in jail.
In
a previous issue of my newsletter, I told about a man who was stopped by
the police; he permitted them to search is car, and they found some valium.
The valium was legally prescribed. But it was not in its original container
which isunbeknownst to this mana violation of federal law.
You
never know when you're breaking some stupid, obscure law that could get
you into trouble. You're usually better off if you don't let the cops search
your car.
Of
course, you are well within your rights to tell the police NOT to search
your car. However, sometimes cops are sneaky about the way they ask permission.
They don't usually come out and say, "can I have permission to search
your car?" They will say something like, "can I look in your trunk?"
or, "would you open your glove compartment for me?"
Most
people assume that they have to say yes. You don't But once you do, they
you have, in effect, given the cop permission to search. That can be a disaster,
even if you haven't broken the law.
Let's
say you're in a rental car, and the previous driver was smoking a joint,
and left the residue in the ash tray. Or maybe you've even run into a dishonest
cop, who is looking for cars to confiscate, and he plants some drugs, a
gun, or some other contraband in your car.
If
a policeman tries to search your car, you can refuse. He may search it anyway,
but anything he finds will likely be excluded as evidence by the court.
Of
course, the cop may lie and say you gave permission. It's best to refuse
within earshot of witnesses if any are available. Even if no one is around,
many police officers carry a tiny cassette recorder with them, and turn
it on during traffic stops. In some police departments, it's department
policy to tape all traffic stops; in others, it's at the discretion of the
officer making the stop.
If
you refuse to consent to a search, then there might be a recording of it.
If the police officer erases the recording, then he'll look dishonest in
court, when he tries to explain why he erased it.
Just
be aware of this every time you're stopped by the cops: everything you say
might be being tape recorded. Be polite. Be reasonably cooperative. But
don't admit any wrongdoing. Assume everything you say is being secretly
tape recorded. And don't let them search.
By
the way, this advice is useful not just for searches, but for any routine
traffic stop. Any time you have an encounter with the cops, the less you
say, the better.
Editor's
Note: Mike Ketcher is editor of THE
FINANCIAL PRIVACY REPORT, P.O. Box 1277, Burnsville, MN 55337. Monthly,
1 year, $144.
|| TABLE OF CONTENTS || Bull & Bear Newsletter Digest || Bull &
Bear Reporter Featured Companies || Monetary Digest |
| The Bull & Bear Financial Report Copyright 1999 | All Rights Reserved Reproduction in whole or part is strictly prohibited without prior written permision NOTE: The Bull & Bear Financial Report does not itself endorse or guarantee the accuracy or reliability of information, statements or opinionsexpressed by any individuals or organizations posted on this site PLEASE READ DISCLAIMER |
Web Site Designed & Maintained by Estrada Design & Communications in association with THE BULL & BEAR INTERNET DIVISION |