11-03-2006, 08:18 PM
Jess Wrote:Today's lesson, lil chillins, from Jess, your friendly neighborhood criminal defense attorney:Thanks Jess,
#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.
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
NASA Mid-Atlantic Registrar
