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To: SeaHawkFan

I would maintain that she gave implicit consent to search the car when she voluntarily handed the keys over to the officer.


34 posted on 08/24/2007 7:57:28 PM PDT by Palladin (Fidel, we hardly knew ye.)
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To: Palladin

Did you watch the hearing? If you did, you’d have a different opinion.

The cop admitted that there is no record of her giving consent to search her car. He questioned her for over five straight hours after holding her for several hours before that. He did not clearly read her the Miranda rights as required by the Constitution. He should have gotten her to sign a waiver for the search. He didn’t do that. He wanted to rely on a tape recording, but ther in nothing on the tape that gives consent to search and the cop told her attorney there was nothing on it when he asked the cop if he wanted to hear the tape.

She asked several times if she should talk to a lawyer and the cop simply ignored her questions.


41 posted on 08/24/2007 9:21:58 PM PDT by SeaHawkFan
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To: Palladin
I would maintain that she gave implicit consent to search the car when she voluntarily handed the keys over to the officer.

Implicit doesn't count when the requirement is for explicit consent, which the cop finally admitted he didn't get.

42 posted on 08/24/2007 9:24:13 PM PDT by SeaHawkFan
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