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To: DeLaine
Yes, when he refused permission, the officer called for what was a LOT of backup and a drug sniffing dog and searched the car, searched son, found some mints, smelled them, asked what they were. The whole deal.

So the cop appears to have used lack of consent to an unwarranted search as probable cause to search. That's illegal. Go to court and challenge it on those grounds. If there was probable cause to begin with, what was it, and why did he ask for permission?

11 posted on 02/22/2008 7:42:48 PM PST by SampleMan (We are a free and industrious people, socialist nannies do not become us.)
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To: SampleMan
So the cop appears to have used lack of consent to an unwarranted search as probable cause to search. That's illegal.

Cops don't need probable cause to search your much of your car or your person under Terry.

Go to court and challenge it on those grounds. If there was probable cause to begin with, what was it, and why did he ask for permission?

Because then he can search beyond the scope of Terry.

12 posted on 02/22/2008 7:47:39 PM PST by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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