I was watching cops and the cop said you look nervous do you mind if I search your car?

Question

Ok... so I was watching cops and they were like okay were about to pull this guy over and do so. The guy is a regular looking white guy and has all of his documents and the cop out of no where just says you look nervous and the guy says I don't know why Im nervous and the cop is like ok well since you look nervous would you mind if I searched your car. The guy says no you have no reason to search me... then the cop is like ok well just sit tight we'll bring a dog in to find out. Ok everyone is a little nervous when their getting pulled over so for a cop to say that i think is smart but to use it as a means of gaining probroble cause to bring a dog in with no other factors I think is BS and there were no other factors. So my question is if this went to court and the search lead to the finding of a few grams of marijuana... would it hold up? I just don't understand how a cop and use someone looking nervous as a means for probable cause to call a dog in this guy just looked like a normal guy. I understand the rationale by saying you look nervous... we'll call in a dog... it makes most people just admit where things are... but if they do call in the dog and say small amounts of weed are found... if they went to court... would the officers means of gaining probable cause for the dog hold up in court? He looked nervous... Christ, thats so circumstancial any cop can say that because everyone is slightly nervous... it just doesn't seem right if nothing is in plain view. When the cop is calling the dog and your waiting your being detained in a sense... how can you looking nervous serve as a legimate basis for probable cause? In that case it gives cops the authority to just detain anyone for further searching all on the grounds of someone looking nervous it just seems like that gives cops the authority to violate anyones rights under a nervousness clause?

Answer 1

"Looking nervous" is not probable cause for a search. But look at what happened: the cop asked if he could search, the driver said "no," and so the cop didn't search.



If you give the cops permission to search, you have waived your 4th Amendment rights to prevent illegal search and seizure. If the guy here had given permission for a search, and the cop then found drugs, the drugs would have been admissible in court.



Now if the cop had requested a search, and the guy had said "no," then, without something else to qualify as probable cause, the search would be illegal and the drugs inadmissible.



The cop knew that all along. That's why he asked to search and respected the guy's refusal to be searched.

Answer 2

If the driver did not give consent to search (your 4th amendment right) then if the officer has the right to call in a dog as long as the whole process didn't take longer then a reasonable traffic stop. An average traffic stop can lat from 5-15 min. If there is a k-9 available in the area (perhaps in the same dept) then it would take less then 5 min for the k-9 to arrive and about 5 min to have the dog walk around the car. An officer can do all this just off of reasonable suspicion. If the dog alerts on the vehicle then it becomes Probable Cause and can detain you at that time. If an officer really really wants to search you car, he will find a way without violating your rights! Some of the most ridiculous charges you can use to arrest someone and then you don't have a choice but to let the officer search because then it becomes search incident to arrest and you cant stop the officer from searching!

Answer 3

There are a couple of standards that must be met in order for a search to be legal.



The officer should "articulate" why he feels the suspect is "nervous" beyond the norm. However, the nervousness may constitute "reasonable suspicion" in order to advance to the next level to obtain "probable cause" which would come if the K-9 gives a positive alert on the vehicle.



Another issue with this type stop is the length of time taken to get the K-9 there. If it takes an "unreasonable" amount of time...the search could be void.



Based upon your comment thus far...if marijuana were found the search would most likely be acceptable to the court.



If I had been the officer asking for consent, then was denied, I would certainly attempt to "articulate" a bit further about my observations beyond "you look nervous."



That doesn't mean the officer, in his report, didn't make further articulation for his suspicions. There is no question in my mind, after the years of experience, that nervousness is one of many indicators that something isn't "just right." When the officer observes those things which raise his suspicions, he can detain you for a reasonable amount of time until the K-9 arrives. 10-20 minutes is not unreasonable. Had it taken an hour while the K-9 officer ate lunch, shined his shoes, etc., I'd say that was unreasonable. However, if it took the K-9 an hour coming from across the county to get there...the court would consider the time reasonable provided the stopping officer can show his "reasonable suspicion."

Answer 4

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Answer 5

If you tell them that you do not consent with searches then he will have to get a warrent for the search. If he does it anyways without a warrent then he broke the law of the constitution. If you don't want cops to try to force themselves in during a party, quickly open the door get outside and close the door behind you before they can see inside. If they say something like, "What is that smell?" say that you don't know what they are talking about and you can't smell anything. If they ask to come in, clearly and politely decline. Being polite will get you farther then being aggressive trust me. If they say that the party is too loud then calm it down. The last thing you need is another visit from them, with a search warrant. I'm trying to remember everything, and this doesn't always work. But it's the best I can give you.

Answer 6

I agree with you. I don't know anyone that doesn't get that nervous and scared feeling when they are stopped by a cop. Even being completely innocent of anything illegal this is truly an anxiety fueled situation. Yes, if the cop suspects something he can call in the dogs. If I was stopped and the cop told me I seem nervous and wants to search my car I would politely refuse. Then he would have to call the dogs. They would find nothing, but I feel letting them search my car just because one guy thinks I'm nervous is a violation of my rights.

Too often a cop takes too many liberties in the "name of the law". I respect their authority, but there are times they definitely overstep the law and just bully people. I'm just sayin...

Answer 7

It's called reasonable suspicion.

Over here in the UK Police can invoke any of a number of laws to stop or search people or vehicles, however there has to be something not quite right about them before they can be singled out of the hundreds or thousands that police see every day.

All the time that a policemen is talking to you, he's looking for signs - signs of nervousness, wrong answers, litter from drug abuse, small points which all add up.

He may then decide to take the conversation further because he's suspicious of something not being quite right; this is called reasonable suspicion not only because he has reason to be suspicious, but if he explained his suspicion to a judge the judge would agree that it was reasonable for the policeman to search due to his suspicions.

He DOES NOT have to outline his suspicions to the suspect, just the legal powers which he can use or intends to use. A simple "I'm not happy with your answers, driving or whatever..." is sufficient as long as he can explain his suspicions in court; his behaviour is NOT illegal no matter what the armchair barristers may lead you to believe: "A Policeman in uniform may stop any vehicle which is on a road or other public place."

Answer 8

Looking nervous isn't probably cause, but you don't need probable cause to walk a dog around the car.



That's why the cop asked permission to search. If he had probable cause, he wouldn't have asked.

Answer 9

I took a criminal justice class a few years ago, and this was the main the question everyone asked, ha ha. So, in order to legally search your car the police have to have "reasonable suspicion-" for example, if you were swerving while driving, your car smelled like weed, etc. Unfortunately, "reasonable suspicion" is pretty easy to make up-- and can be anything as trivial as having rastafarian dashboard decorations.



What that cop did was illegal- because he should have acknolwedged what precisely was tipping him off to be "reasonably suspisious."



I guess the best way to feel safe is to keep your car clean and neat, follow all diving laws, and don't drive smelling like any certain thing.

Answer 10

The officer's actions were legal. He asked to search the car, didnt demand it. Having dogs smell the car is not illegal and probable cause isnt needed. Regardless of what people here say, this is not unConstitutional. I am a LEO, and a LEO is in the right in this set of circumstances.

Answer 11

I know that is really BS a lot of the times cops look to get people in trouble. I feel like there are to many corrupt cops.Who is not going to be nervous when your pulled over?Even if you think you were not doing nothing your asking yourself questions like was I speeding did I do something wrong?It just is a nerve racking experience.The sad thing is that probably would hold up in court.I feel like the system is one big trap and once you get in trouble it is hard to get out.

Answer 12

You never let a cop search your car. Wait for a search warrant. If it is a used car you dont know what the previous person put in that car not to mention the pig has no right. THe other thing you have to do is close your windows tricky cops will throw the ball into your car for the dog to follow it. Being nervous doent suggest anything....Call your lawyer. The lawyer will knock that out in no time...and as ar as waiting for a search warrant most likely the cop wont have time and if he does have a lawyer handy..you will need one anyways so call your lawyer and have your lawyer talk to the pig. I am positive after your lawyer talks to the pig (if it gets that far) the pig will let you go. Dont give up your rights. People have died to protect them for you

Answer 13

Odd behavior = probable cause. He asked the man to search his car, it's not like he pulled over and demanded it. And obviously he was right, anyway, so...

Answer 14

he shouldnt have been able to search the car without probable cause and everyone is nervous when they get pulled over

Answer 15

Lol, maybe there is alot of drug trafficing there. So he can bring in a dog if he wants to.

Answer 16

LMAO @ "regular looking white guy"

Answer 17

Basically any reasonable suspicion can be deemed probable cause.

Answer 18

uh... i don't really understand the question.