Jess Wrote:Today's lesson, lil chillins, from Jess, your friendly neighborhood criminal defense attorney:
#1: Refusal to give consent to search can NEVER be a basis for probable cause to search.
#2: This really happened, so take heed: If you are stopped by a cop (say a traffic stop), and the cop gives you your ticket, license, etc back and tells you that you are free to leave, and then says, "oh by the way, do you have weapons/drugs, etc in your car?" or "can I search you/your car?", SAY NO!!
Why? because at that point the encounter with the cops is considered consensual, and your consent is not the product of an illegal seizure.
Thanks Jess,
Teach ther youngins'
NEVER EVER consent to a search. Make them get a warrant. If you fucked up bad enough and have your bong on the front seat, then there already is "probable cause" and no warrant is necessary. If they are asking, then they have no cause. If you are hiding a kilo of coke....maybe the dog will be unavailable....but if you say OK, go look...well then the game is over.
Cops go fishing, you are the fish.
Sean Thompson
NASA Mid-Atlantic Registrar
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Why do people just post what they are thinking? Without thinking.
2012 Ford Mustang
1995 BMW 540i/A
1990 Eagle Talon TSI AWD