Legal to shoot cops if car search is "illegal"?

I have a friend who believes that certain searches of a car are illegal.

He even believes that if a driver believes a police search of his car is illegal, driver has the right to refuse the search, even with deadly force.

So, do drivers have the right to refuse searches of their car with deadly force, just cause they think the search is illegal?

What say you?

 

Only if you have a death wish but you do have the right to refuse a search until a warrant is presented.

 

you have a right to not give the cop permission to search your car.

if he has a warrant, you got no choice in the matter.

if he has no warrant, but probable cause, he can search you car.

however, if he procedes to search your car without a warrant and without probable cause of a crime, and you procede to assault or shoot that officer, your ass is grass.

and if the reason why you didn't want him to search your car is because you possessed illegal materials in your car that you didn't want the cop to find, you will fry.

 

Yup.

 

Some states make it against the law to resist any officer in the course of carrying out their official duties. Of course, how you're supposed to know whether those intrusive acts are actually part of their official duties is something the law doesn't bother stating.

What this ends up meaning is that anyone could throw on a fake uniform and threaten your life and steal your property. And if you try to stop them, and it just so happens the attackers were real officers acting with lawful authority, you could spend the rest of your life in prison.

In Mexico when they have a valuable shipment they will often hire a contingent of three or four law enforcement officers to avoid this complicated possibility. Basically hiring police to protect them from police.

 

You're asking whether it's OK to kill someone because you think they're breaking the law?

Does your friend think other road users have the right to kill him if they think he's driving dangerously?

 

No, but you can sue the police for it. If it's illegal, anything found in the search is not admissable in a court of law.

 

I say your friend should consult with someone who is actually learned in the law instead of dubious internet boards for his understanding, before he ends up in jail for life, or worse.

Lord knows we see enough of that here.

 

our Founding Fathers addressed that issue and they gave us this:








according to them, you have the legal right to bound, gag, water board, and hang any official who does it



So let's have the forum right wingers endorse this since they claim to have high moral principles based on these teachings.

 

he is a former Federal Prosecutor

 

Hmmm. I'm not aware of any statute or law that gives anyone the right to use deadly force to resist a search by a law enforcement agency, legal or not.

Can you ask your friend to give you the statutes (or case law) upon which he bases his opinion? I'd be interested in seeing it. Thanks!

 

Like you are a deputy deputy director? I'm sorry, but you don't have much credibility.

 

your friend will most likely die due to stupidity.

 

Why don't forum right wingers stand up for people's rights to defend themselves against the intrusive actions of government police forces? After all, they claim to uphold the 2d Amendment but they suddenly go silent when it comes to situations like these.

 

You should probably pick smarter friends. But always say no to searches. Don’t succumb to threats of a dog or anything. You will know if the cop has probable cause by the way he puts handcuffs on you.

 

No. Your friend is wrong. Contest it in court.

 

As a general rule, the use of deadly force is reserved to those instances of defending against death or great bodily injury.

 

just about an every day occurrence in USA ghettos - yet, the right wing & NRA approved of Reagan's signing of Mulford

 

You don’t have to give consent for a search, but there are some limited circumstances where a search may be conducted without a warrant or consent.

 

Everytime anyone gets pulled over they should just dial 911 and claim they're in fear for their life.

 

if you don't consent to search the cops will detain you, call in back up, and then pretend that you have menaced them in order to manufacture the claim of probable cause - if you're from the ghetto, they'll likely shoot first and ask questions later

 

Good point, assume the cop you're dealng with is the murdering kind.

 

Then he’s incompetent.

 

... if they get around to asking questions once outted by citizens.

 

I’ll bet a thousand people across the country refuse to give consent to a search every day, and, if the police don’t have probable cause to conduct a search, they go on their merry way.