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To: RS

According to this site, which provides definitions of probable cause and reasonable suspicion, "Refusing a search does not create reasonable suspicion, although acting nervous and answering questions inconsistently can."

http://www.flexyourrights.org/facts/probable-cause-definition.html

Once a cop has probable cause, they don't have to ask your consent to search your vehicle.

If they have nothing at all, not even a reasonable suspicion, they may still (of course) ask, but refusal is not cause for reasonable suspicion.

I guess the long and the short of this is that in Virginia, a cop has to have a more solid reason to search a vehicle (without consent) than they do to make an arrest of a felonious illegal under 19.2-81.6.


134 posted on 08/29/2004 3:48:43 PM PDT by brianl703 (Border crossing is a misdemeanor. So is drunk driving. Which do we have more checkpoints for?)
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To: brianl703

You do some great digging -

Nice talking with you - take care


135 posted on 08/29/2004 4:59:17 PM PDT by RS (Just because the SwiftVets are out to get him doesn't mean he's not guilty)
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