Expert: Edward Martinovich, Esq. - 12/22/2006

Question
A police officer stoped my son on a 2 lane road at 10:30 pm in the rain with fog and asked him why he was driving so causiously. After smelling the rootbeer in his rootbeer bottle he then asked my son to give him some of the grass that was in his floorboard to check it for pot. The test was negative but he still wanted to search his vehicle. If there is no noticable reason for searching a vehicle is it okay for him to ask to search. If my son gives him permision is it okay for him to open a briefcase and search it without further permission to search a closed container.
I know you are thinking that my sons attitude could even give reason for suspicion,however,this little town is known for stoping people and loading them up with everything they can so that there is room to plead down and still be stuck with a fine. This was a bogas stop and my son was taken advantage of. He was ticketed for unsafe driving and they found 3 little collectors rum bottles in his briefcase that were unopened. The kind that you used to get on airlines. He was also charged with minor in possesion of alcahol. This has taught us one thing. Never give a police officer permission to search your vehicle. Make them get a search warrant.

Answer
Gary:
Its what i've been preaching for years.  The citizens of this country have been somehow taught, whether subliminally or overtly, to trust the police without issue,or the "if i don't cooperate with the police, i'll look more guilty" attitude...well guess what, you may look guilty, but if you cooperate, you WILL be guilty of something, they will find something that's a crime every single time, whether an empty bottle of beer, or a xanax tablet that your wife left in the console, or a marijuana seed that your son dropped in your car...
The problem is that as students, we are not taught civics in High school anymore...we as citizens have absolutely no idea about the rights we are guaranteed, so consequently, things like this happen.  People gripe and complain about the amount of lawyers and their aggressive tactics, but if we didn't act as a check against abusive authority, where would society go?
anyway, merry xmas