Nitrogen, you get the "gold star" today my friend! Well said.nitrogen wrote:A right unexercised is a right lost.
No consent given.
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Return to “Conscent to search”
- Fri Oct 05, 2007 5:36 am
- Forum: General Texas CHL Discussion
- Topic: Conscent to search
- Replies: 50
- Views: 8881
- Fri Oct 05, 2007 5:17 am
- Forum: General Texas CHL Discussion
- Topic: Conscent to search
- Replies: 50
- Views: 8881
KNOW YOUR CONSTITUTION!!
Dudes, please repeat after me, "the Fourth Amendment is my friend!" A little free legal advice is in order here...if a cop ever has to ask you for your consent to search, he's already pre-determined that no exceptions to the Fourth Amendment's warrant requirement will allow for a lawful warrantless search. Common exceptions include the plain-view doctrine, the open-fields doctrine, "hot pursuit" situations, search incident to arrest doctrine, etc.
It's like I always tell my students, a cop's job is simple...i.e., "go find trouble and arrest bad guys." The old "consent search" trick is a sly tactic used by cops to induce a waiver of your Fourth Amendment protection against "unreasonable searches" and quickly acquire evidence. In my experience (I'm an attorney who currently teaches civil liberties and constitutional law by the way), the most common warrant exception occurs when folks foolishly give consent for the search! Even if you are squeaky-clean, NEVER give your consent, just say no and respectfully reiterate your constitutional right NOT to consent to governmental searches. Believe it or not, in a lot of circumstances, just saying no to the search will end the situation right there. I know that seems counter-intuitive but it's true. Only really suspicious circumstances will motivate the cop to "camp-out" and actually spend the time seeking a warrant in order to proceed with a justifiable search of your car. Logically speaking, how likely is it that he'll want to wait with you for an hour or so on the freeway while a judge is brought up to speed on the circumstances? That's right, sports fans, judges issue warrants not cops. What's more likely to happen (after you refuse the search) is that he'll finish writing you the speeding ticket, or whatever caused the stop, and then send you on your merry way!
"You don't mind if I take a real quick look in your car for contraband, do ya' son? You look like a nice guy, you don't have anything to hide... or do ya'?!"
Don't go for the okey doke dudes and don't get PUNKED, know your Constitution! Get familiar with that Bill of Rights...it's a good thing.
It's like I always tell my students, a cop's job is simple...i.e., "go find trouble and arrest bad guys." The old "consent search" trick is a sly tactic used by cops to induce a waiver of your Fourth Amendment protection against "unreasonable searches" and quickly acquire evidence. In my experience (I'm an attorney who currently teaches civil liberties and constitutional law by the way), the most common warrant exception occurs when folks foolishly give consent for the search! Even if you are squeaky-clean, NEVER give your consent, just say no and respectfully reiterate your constitutional right NOT to consent to governmental searches. Believe it or not, in a lot of circumstances, just saying no to the search will end the situation right there. I know that seems counter-intuitive but it's true. Only really suspicious circumstances will motivate the cop to "camp-out" and actually spend the time seeking a warrant in order to proceed with a justifiable search of your car. Logically speaking, how likely is it that he'll want to wait with you for an hour or so on the freeway while a judge is brought up to speed on the circumstances? That's right, sports fans, judges issue warrants not cops. What's more likely to happen (after you refuse the search) is that he'll finish writing you the speeding ticket, or whatever caused the stop, and then send you on your merry way!
"You don't mind if I take a real quick look in your car for contraband, do ya' son? You look like a nice guy, you don't have anything to hide... or do ya'?!"
Don't go for the okey doke dudes and don't get PUNKED, know your Constitution! Get familiar with that Bill of Rights...it's a good thing.