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To: Mr Rogers
Once you have been pulled over, if you then give the police permission to search your car, the search is not illegal or unconstitutional. Why? Because you gave permission.

I wish (though it will never happen) that legislators would make clear that in many circumstances involving police, any "consent" should be presumed coerced and any police who wish to claim they had permission to do something would be required to prove that it was genuinely voluntarily.

I would suggest that the vast majority of people who "consent" to searches really don't want to police to search, and don't believe that the police would be able to find a legal basis to search without consent, but believe (perhaps correctly) that the police will use their discretionary authority to make their lives more unpleasant if they refuse the search than if they "consent". I would not call consent given in such cases voluntary.

88 posted on 01/15/2015 5:15:46 PM PST by supercat (Renounce Covetousness.)
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To: supercat
LEOs prey on people who do not understand their Constitutional protections. Police/investigators/interrogators are going to use any legal means necessary to pry and get people to submit. The fault lies not with them but people who are ignorant of the Constitution.

Rule of thumb; keep to yes and no answers(Upon first encounters with general information), when cop starts prying, for example, how fast do you think you were going, or did you think you came to a complete stop, begin to stay silent. Cop attempts to pry more don't answer. Only provide documentation under the law (Registration, insurance, etc.). Never under any circumstance consent to a search. If detained more than the time to write a ticket or license plate check ask if you are free to go. If no, then ask if you are being arrested. If cop does not give a proper answer, inform the officer that you would like to call a lawyer and the LEOs supervisor because you are unnecessarily being detained.

This is all elementary and an indictment on our educational system regarding the basic understanding of American Government.
90 posted on 01/15/2015 6:04:08 PM PST by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians.)
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