11-02-2006, 07:30 PM
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.
#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.
2002 BMW 325i (a.k.a. the baby mobile)