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by anygunanywhere
Mon Oct 08, 2007 7:41 am
Forum: General Texas CHL Discussion
Topic: Conscent to search
Replies: 50
Views: 8893

Trainman wrote:what about a response to the request to search such as this:
Q: May I search?
A: Why? What is the specific reason you have to want to perform a search?

I'm just throwing out the question because I don't know. Doesn't your question to the search request require the officer to state his probable cause justification for a search?

I saw a report on traffic stops in Florida and they were catching some drug smugglers by stopping them for a minor vehicle violation, letting them off on a warning. Just as the driver thought they were getting away with a warning, the officer would pop the question, "Oh, and may I search the vehicle?" They were caught off guard and consented and drugs were usually found.
The report stated after the warning was given and they were released, the probable cause for the traffic stop ended. The request for and consent to a search was unrelated and was a seperate event and was justified as a lawful search that did not require proof of a probable cause.

Just curious and was wondering what the experts think.
Once the citation is in your hands along with your DL/CHL/Insurance you are free to leave the scene. Even if the officer begins to ask you further questions you may leave. If he has PC he can search without asking. NEVER give up your rights. The situations you describe sound plausible, even drug dealers do not always know their rights.

Anygun
by anygunanywhere
Thu Oct 04, 2007 11:32 pm
Forum: General Texas CHL Discussion
Topic: Conscent to search
Replies: 50
Views: 8893

I will never consent to a search during a traffic stop. I do not agree with fishing expeditions.

I drive rentals when I travel - by the end of this year it will be for 40 weeks. I often examine the cars for "stuff" missed by Avis. I certainly do not want to consent to a search not knowing who rented the car previously.

I was searched by refinery security tonight when I arrived to work. I still cringe when this happens. I get really annoyed even though it is their right to do so. The refinery I am currently at has drug dogs and supposedly one that hits on gun powder. Supposedly they have caught hunters during deer season.

*sigh*.

Anygunanywhere

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