Busted for some tint in NY
#31
RE: Busted for some tint in NY
ORIGINAL: Sleeper05
You can even decline afield sobriety test and a breatilizer if you want, but you will be takendowntown for a more accurate blood test that you cannot refuse.
You can even decline afield sobriety test and a breatilizer if you want, but you will be takendowntown for a more accurate blood test that you cannot refuse.
But you most certainly can refuse ablood test; that is your right against self-incrimination as set forth by the fifth amendment. There are certain circumstances by which it can be compelled, but I believe that it requires judicial intervention.
#32
RE: Busted for some tint in NY
http://www.infoplease.com/cig/suprem...-speeding.html
Don't be a dick, make the officer feel safe, comply with instructions but....
Never consent to a search.
If you are in doubt, always ask if you are free to go.
Remembering to do these two things is very important for later in case things get ugly (your roomate decided to take the dime bag out of his pocket and put it under your seat when the lights came on, you forgot you had a steak knife in the center console you were using to strip wires with, etc.)
Contrary to other postings here, your refusal to consent to search does not mean you have something to hide and can therefore be construed as probable cause. At the time you decline the search, the officer may attempt to talk you into it by saying they need to get the drug dog, etc. *That's* when you need to ask if you are free to go. If he says no or refuses to answer- then you've got groundsfor a suit. If he says yes, then go (slowly and carefully ).
As I was writing this I found a link that explains this better than I have:
http://www.flexyourrights.org/freque...d_questions#05
Don't be a dick, make the officer feel safe, comply with instructions but....
Never consent to a search.
If you are in doubt, always ask if you are free to go.
Remembering to do these two things is very important for later in case things get ugly (your roomate decided to take the dime bag out of his pocket and put it under your seat when the lights came on, you forgot you had a steak knife in the center console you were using to strip wires with, etc.)
Contrary to other postings here, your refusal to consent to search does not mean you have something to hide and can therefore be construed as probable cause. At the time you decline the search, the officer may attempt to talk you into it by saying they need to get the drug dog, etc. *That's* when you need to ask if you are free to go. If he says no or refuses to answer- then you've got groundsfor a suit. If he says yes, then go (slowly and carefully ).
As I was writing this I found a link that explains this better than I have:
http://www.flexyourrights.org/freque...d_questions#05
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