Based on the fact that it was a Bush nominee that gave us Obamacare for life.....supposedly a conservative....... not to mention the fact that the most conservative courts haven't reversed Roe V Wade nor reduced the scope of executive power...........I would argue that the SCOTUS appointments are overrated.
The Probable cause claim is a wide ranging litany of justifiable reasons for a search. If nothing discovered one is out nothing but some time. on the other hand if something illegal is determined to be happening or found then the probable cause claim is extremely hard to overcome in a court of law. Again one has choices.There are times when police can justify searching your vehicle without your consent or a warrant. One such circumstance is when the officer can see something illegal in your car that is clearly visible; this is the “plain view” rule. Another time the police can search your car without permission or a warrant is if they have probable cause. If you are being arrested for any reason, whether for DUI, driving while suspended or other cause, you have no choice but to let the officer search your car.
If you have been pulled over in a traffic stop but none of the above circumstances applies, you have every right to refuse an officer’s request to search your vehicle. Even if you are confident there is nothing illegal to be found, you do not need to allow a search. When the officer asks permission, politely refuse his request. However, be aware that the officer doesn’t have to just let you drive away. He is now suspicious that you are trying to conceal something. If the officer decides she has reason to search the car despite your lack of permission, allow her to do so. While the search is underway, however, state, “I did not give you permission to search my vehicle”, clearly and calmly several times. If anything is being recorded, you will officially be on record as having refused the search request.
Another option the officer has is to hold you there until a search warrant can be delivered. This can be quite time consuming and when the warrant does arrive, chances are you vehicle will be searched extensively. If you are e confident you have nothing to hide and do not want to be delayed for an indeterminate amount of time, it may be simpler just to let the officer take a quick look. The choice is up to you.
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