Did I waive my rights unnecessarily?

[I spent the winter writing songs about getting better]

Question for the legal scholars:

A few years ago I was driving back to Mankato from Sioux Falls, SD. I stopped in Worthington, the largest town between them (not saying a lot), which is also the only one large enough to have a 24 hour gas station. This was around 2:30 AM and while pulling into town to look for the 24 hour gas station I was ran into a cop car. The cop probably out of boredom and nothing else to do decided to tail me as I drove into town. So I attempted to evade him by pulling over to the curb for a few minutes before taking off again. Unfortunately I ran into him again where he then pulled me over.

What happened after that was classic police abuse. He demanded to know if I was dropping anyone off or my reason to pull over, which I explained. He then ordered me into his police car and called for backup while performing a license check on me and demanding to know what I was doing. I told the whole story, that I was driving back from an emo show in Sioux Falls. I told him the standard, I had not been drinking all night and was not on any drugs. At that point with the backup cop in the backseat he kept badgering me with questions about if I had been near any drugs, etc. After that the other guy took me outside and gave me a simple sobriety test which I easily passed. Then he used he opportunity to basically try entrapment by asking me flat out WHAT drugs I was on or had used rather than if I had and talking about I could make it easier for myself by coming clean there. I continued my denial steadfastly and said I'd take any tests to prove otherwise. Interestingly there he dropped talking about tests and didn't even give me a breathalyser (ha!)

At that point the cops realizing they had crap on me asked if I had any weapons or drugs in my car. I said no, one asked if he could check. I agreed to that. While he searched my car the other one continued to badger me. The other cop then finally came back and said rather annoyed that the keys were on my front seat and to leave. It was quite obvious both were rather pissed.

So my question is, what if I had refused to give permission to search my car? Would they be able to continue to hold me despite having no evidence whatsoever of any crime on my part up until that point while seeking a search warrant or would they have just been forced to let me go at that point?

[The Mikado]

As embarrassing and humiliating as that must've been for you, you made the right call.  Pissing off a bored police officer who has nothing better to do would've been really stupid.

[dead0man]

It would depend on how much free time the cops had, how big of assholes they were and how they gauged your actions during your encounter.  Going by what you tell me, I'd guess they probably would have done a BS "probable cause" search, found nothing and then let you go.  Hoping against hope that your dad wasn't a lawyer.

And if you had nowhere to be, you should have told them to F-off.  It might of made you famous, rich, paralyzed or dead.  Or some combination.

[tik 🪀✨]

You should have refused to let them search your car. In such a situation, especially when you've done nothing truly wrong or illegal, they have no right whatsoever to search your car. And, even though they were intimidating you, your rights still come first. So to answer the original question, yes, you did.

I myself have refused to have my car searched. It was a little stressful at the time, but the cops are always a little predictable. "If you don't have anything to hide, why don't you let us search?" It almost makes you think that by refusing to let them search, it shows you've something to hide, and thus gives them probable cause. It does not. You should have told them to piss off and actually badger someone who did something wrong. You're just lucky they didn't plant anything.

The laws are this way for a reason - use them.

[MaxQue]

I don't think than their acts were legal.

I don't know if you can do that in South Dakota but I know places in the world where you can complaint to a special committee who can punish the cops who broke the law or who harass somebody.

I suppose than those cops were some hyper-conservative horrible persons who think than everybody between 10 and 30 are horrible criminal who always drink and who never respect law.

Next time, remember their name and make a complain after, if you can.

[J. J.]

My understanding is, under federal law, is that a warrantless search of vehicle is permitted.

You could have refused to answer their questions other than identifying yourself and demanded a lawyer.  They could have taken you down to the station to let you wait for one, in a day or so.

I have, on several occasions, declined to give information to LE without a subpoena, occasionally officially, and once personally.  I basically declined to give an address without the person's permission.  When I got permission, I gave the address.

I would question what their probable cause for pulling you over.  They may have had it.

[dead0man]

I can only guess how many time's I've been pulled over, something north of 25 at least.  I've never once had a cop ask to search my vehicle.  I've had a lot of flash lights waved around the back seat, hatch and what not, but never a request to search. 


(I've been dog searched going on various Air Force Bases, but you don't have anywhere near as many rights on base as you do off.)

[J. J.]

I have been pulled over for DWWIBN, I think and once for driving a stolen car. 

As soon as they looked at my license, with the address, the policeman say, "You're on your way home."  I said yes.

The second time, they ran my plate and typed in the wrong number.  After they checked my papers, they realized they typed in the wrong plate number.

[Ban my account ffs!]

I wouldn't have let them search your car.. they have no reason or right to do so.  Also, never let them into your house unless you called them there yourself. 

Also, if you are ever arrested, use your right to remain silent.  Don't say a word... not a word, until you talk to your lawyer.  It will piss the cops off to no end and they will try to intimidate you into talking, but they cannot legally do anything to you.. it is your right.

[dead0man]

Yep.  And like I said in the other thread, never ever fight a cop.  You can't and won't win.  You can win in court.

[Kaine for Senate '18]

Probably, but it's still a good idea not to piss off the cops.

[Ebowed]

Yes.  Police searches of vehicles are a violation of basic civil liberties.

[Albus Dumbledore]

Yes.  Police searches of vehicles are a violation of basic civil liberties.

[Small Business Owner of Any Repute]

A good rule of thumb is to never give the police consent to search your car, even if you're clearly not doing anything wrong.  Decline, but do so politely and respectfully.  If they need your permission (read: don't have enough to get a warrant), they don't have a reason to be searching.