Cops Searching Car without a warrant

In Canada, what are the limitations on a car searching your car without a warrant? I was thinking, if I ever got pulled over with something on me, or even without anything, refusing a search, locking my keys in the car, and saying "My keys are locked in the car. If you have a warrant, break the window." What do you guys think of this idea? I've had friends get busted with large quantities of weed, but got let off the hook or charged with simple possession, because there wasn't a warrant or a full probable cause, and they never gave consent. Any idea how this will work if I ever have to resort to doing it?

I don't know if it is handled the same in Canada, but in the US, they must ask if you consent to a search before they can do anything more than look in your car while they are standing outside. If you do not consent to the search, they have to decide to either get a warrant, bring out a drug dog to sniff around the exterior of your car, or let you go.

Allister said:

I don't know if it is handled the same in Canada, but in the US, they must ask if you consent to a search before they can do anything more than look in your car while they are standing outside. If you do not consent to the search, they have to decide to either get a warrant, bring out a drug dog to sniff around the exterior of your car, or let you go.

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But if they see something in plain view, or smell an odor... that's suspicion enough for a search as well.

skolar182 said:

But if they see something in plain view, or smell an odor... that's suspicion enough for a search as well.

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Pretty much in US at least if they want to search your car they are gonna. If you refuse they will likely be more curious and do a more detailed search. If they really want to search your car they can just impound it, than they must take inventory of the contents...oops we found your weed in the trunk when we were taking "inventory".

If I don't have anything to do and nothing on me Im gonna refuse a search and see how that goes.

skolar182 said:

But if they see something in plain view, or smell an odor... that's suspicion enough for a search as well.

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That is true, if they actually SEE something. But if all they have to go on is an odor, they still have to ask if you consent to the search. If you say you do not consent then they have to go to the next level. They can not just pull you out of the car and start looking around unless they have verifiable physical evidence to satisfy the probably cause test.

Allister said:

That is true, if they actually SEE something. But if all they have to go on is an odor, they still have to ask if you consent to the search. If you say you do not consent then they have to go to the next level. They can not just pull you out of the car and start looking around unless they have verifiable physical evidence to satisfy the probably cause test.

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No if they smell Marijuana they don't need your consent.

Pipe Dream said:

No if they smell Marijuana they don't need your consent.

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lol the problem is arund ehre they always smell marijuana even when none has been smoked or isnt in the car lol

In the U.S. all a cop needs is reasonable suspicion that a crime has occurred to search your car. Smell of marijuana, seeds stems anything really. Cops really aren't supposed to ask to search your car. If they do, then they have no reasonable suspicion and just want to search your car. Say no.

in the UK , they can "stop and search" who and where they like , all they say is we are searching under suspision section 51, misuse of drugs act......they dont need consent , there normal comment is " we smell something funny" to which i normaly reply.....yeah my pants..theres a kilo in the boot =D

Yeah, assuming there's no probable cause, but if they wanted to search, and told me to step out of the vehicle, and I locked the keys in. What would happen if they broke the window to search the car, even if there wasn't anything inside the car.

It does really suck about the laws in the U.S. because they will find ANY reason at all to search your car. I'll let you know if a cop pulls me over in Michigan, because I'll give him a hell of a time since I'm legal here

He can smell the weed, see the weed, and then he can SEE MY CARD and let me be on my merry way!

Like the great band 311 says...

"I will tell a cop that I know my fuckin' rights...and we can match wits all night! FOR REAL!
He said if I had nothin' to hide, then of course I wouldn't mind if he looked through our ride...
Man, no, I'd really rather you didn't... and no we don't have guns hidden!
We stood there for a while, I continued to decline... FIRMLY!
I didn't lose my mind, I didn't let him break me, not a bit of shame in what we were doin' that day.
He couldn't make us stay, we had our shit together, it doesn't matter whether.
We sport the dread locks or the shaved head..or if we have a sticker from the Dead..."

And another - "The war on drugs may be well intentioned, but if falls fuckin' flat...when you start to mention. An over-crowded prison where a rapist gets paroled...to make room for a dude who was sold, a pound of weed? To me that's a crime! Here's to good people doin' time, yo!"

Ok sorry, enough lyrics. But 311 is awesome and they have so many good lyrics like that

TheFinkler said:

Yeah, assuming there's no probable cause, but if they wanted to search, and told me to step out of the vehicle, and I locked the keys in. What would happen if they broke the window to search the car, even if there wasn't anything inside the car.

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well if you had nothing to hide , why would you care if they did ?
plus if you had summit to hide you better have a better plan than that , try getting nitrous fitted lol aahahaaa

If a cop does ask it means they dont have enough for a warrant...so if they ask always say no...While the cop trying to intimidate you to let them look all you have to say is am i under arrest? if no then leave, if yes, then invoke your rights and wait for your legal team

I'm sure it would be easier for them to just unlock the door themselves instead of breaking a window. Or just tow it to the station and tear it apart. Kind of sounds self defeating.

Why not just look over your car, stay straight and don't get pulled over. Follow seed limits and signs.

Seems like a better idea than gonig through all that.

a dog named chico said:

If a cop does ask it means they dont have enough for a warrant...so if they ask always say no...While the cop trying to intimidate you to let them look all you have to say is am i under arrest? if no then leave, if yes, then invoke your rights and wait for your legal team

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I already explained this.

A cop does not need a warrant to search a car. ever. period.

He can search on reasonable suspicion which is lower standard of proof over probable cause.

Probable cause is needed to obtain a warrant. Understand?

Balzac89 said:

I already explained this.

A cop does not need a warrant to search a car. ever. period.

He can search on reasonable suspicion which is lower standard of proof over probable cause.

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WAAAHHHH... WRONG.

in the US:
a cop needs probable cause to compel a search, ie FORCE a search on you.

a cop with reasonable suspicion can ask for consent to search.

that's the way the supreme court has ruled for years and years and years and years.....

a car is your property, so it's private, so he needs a warrant to search a vehicle if the registered owner of the vehicle refuses to consent to a search.

if you borrow a car from a friend, that's another story.

but if a cop stops me in MY car, and i haven't done anything wrong, i don't have any weed on me, no smell, nothing to create probable cause: i can tell the cop he cannot search the interior of my car and he MUST COMPLY.

redivider said:

a car is your property, so it's private, so he needs a warrant to search a vehicle if the registered owner of the vehicle refuses to consent to a search.

if you borrow a car from a friend, that's another story.

but if a cop stops me in MY car, and i haven't done anything wrong, i don't have any weed on me, no smell, nothing to create probable cause: i can tell the cop he cannot search the interior of my car and he MUST COMPLY.

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+rep dude. Best answer for sure!