Is an officer allowed to tell you, “The last thing you want to do is ask a cop for a search warrant,” after declining permission to search a vehicle?

I was arrested under citation for a felony possession of marijuana over one ounce. I had pulled up to my friend’s house, where cops were already there for his brother, when undercover police swarmed out and to my car. One had said our eyes were red, then asked if I mind if he searches the car. I had asked if he had a search warrant, which he didn’t, and declined permission. Since I am a minor, he got permission from my mom. After, he told me “The last thing you want to do is ask a cop for a search warrant because nothing **** a cop off more.” I was wondering if I can use that against him?

Asked on June 23, 2012 under Criminal Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The police officer that stated what you wrote with respect to the request for a search warrant was entitled to say what he or she said to you. However, what was stated could have a negative result for that officer concerning any internal investigation against his or her conduct as well as the possible progress of the criminal matter that you have written about assuming an arrest was made, charges filed and the action proceeds through the criminal justice system.

I suggest that you may wish to consult with a criminal defense attorney about this matter.


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