Search found 2 matches

by Jumping Frog
Fri Apr 27, 2012 11:02 pm
Forum: LEO Contacts & Bloopers
Topic: Williamson County :(
Replies: 62
Views: 15765

Re: Williamson County :(

smoothoperator wrote:The system says it needs to be manually verified and that's what they're trying to do.
And they can do exactly that . . . . once they have valid probable cause for a stop.
by Jumping Frog
Sun Apr 01, 2012 6:54 pm
Forum: LEO Contacts & Bloopers
Topic: Williamson County :(
Replies: 62
Views: 15765

Re: Williamson County :(

RoyGBiv wrote:
OldCannon wrote: Without his statement of probable cause, I doubt I would consent to that search.
The hassle factor would probably sway me to allow the search without PC, or I'd expect to be there all day while he called out a dog or whatever tyranny would come next.
I'll never consent.

If they have probable cause, they do not need my consent.

If they are asking for my consent, then they do not have probable cause.

In all circumstances, I do not consent to a search. If ordered, I will comply with the order but I will not consent. I'll wait it out. They clearly cannot keep you "there all day while he called out a dog or whatever tyranny would come next."

Here is a case from the US 5th Circuit Court of Appeals (which applies to Texas) where acquittal was directed because the defendant was detained for 8 minutes by questioning unrelated to the original traffic offense.

UNITED STATES OF AMERICA v. ROBERT MACIAS, JR..

Return to “Williamson County :(”