Search refusal. Be prepared for the unpleasant aftermath
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kimberman
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Post subject: Search refusal. Be prepared for the unpleasant aftermath  Posted: Thu May 15, 2008 9:31 am |
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| Wise Elder |
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Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
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From www.thevolokhconspiracy:
[edit: http://volokh.com/posts/1210547180.shtml#370390 - PLB]
Quote: In my experience, as soon as you refuse consent to search your vehicle the police become very eager to do just that. That's not illogical, I suppose, but it still angers me that you pay such a huge cost for exercising your rights. I once had virtually the entire County Sheriff show up just because I had the gall to refuse -- from the Deputy's reaction, I don't think anyone had ever refused him before, every. Thankfully, it was civil-infraction traffic law state, so despite being treated to an impromptu introduction to the whole department, all I got was a speeding ticket. Quote: Somehow, I doubt that most judges and lawyers ever experience the truly amazing browbeating you get from a police officer when you attempt to refuse consent. That's really all. You must be PREPARED to be firm but polite. And not frightened by numbers.
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TeamSpringFieldXD
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Post subject: Posted: Thu May 15, 2008 10:25 am |
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| Senior Member |
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Joined: Wed May 14, 2008 8:28 pm
Posts: 273
Location: Rosemount, MN
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Everytime a cop has asked to me search i say "NO" for no other reason but to exercise and protect my rights, and without being rude let them know you have places to be and if they issue you a traffic ticket you can be on your way, and let them know if they obtain a search warrant for your vehicle they can stop by and search.
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teamgreen02
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Post subject: Posted: Thu May 15, 2008 8:35 pm |
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Joined: Fri Jun 01, 2007 6:28 pm
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I don't know why anyone would ever consent to their vehicle/property being searched. What positive outcome could this possibly have? They wouldn't find anything of interest in my vehicle anyways.
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EAGSMN
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Post subject: Posted: Thu May 15, 2008 8:40 pm |
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| Journeyman Member |
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Joined: Tue Apr 08, 2008 10:29 pm
Posts: 53
Location: Have Gun Will Travel
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link won't work
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ttousi
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Post subject: Posted: Thu May 15, 2008 9:08 pm |
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Joined: Sun Aug 07, 2005 11:20 am
Posts: 3311
Location: St. Paul, MN.
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Srigs
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Post subject: Posted: Thu May 15, 2008 9:08 pm |
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| Longtime Regular |
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Joined: Fri Aug 26, 2005 5:40 am
Posts: 3752
Location: East Suburbs
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Tell your family and friends the same thing. Your wife should never allow the other police officer to influencer her say yes.
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Dick Unger
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Post subject: Posted: Fri May 16, 2008 12:23 am |
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Joined: Sun Aug 28, 2005 2:54 am
Posts: 2444
Location: West Central MN
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That's true, the police know how to change your mind about refusal. If you are at all unsure of yourself, they really go at it. They'll threaten you with "Obstructing justice" or some such nonsense.
When clients have said "I won't talk without my lawyer", they'll usually say "That's fine Buster. You don't need to say a thing. But I'm got some things I'm going to tell you." Then they'll make phoney threats.
It's why you should have a lawyer on speed dial. Tell them to save it for your lawyer.
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JimC
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Post subject: Posted: Fri May 16, 2008 8:31 am |
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Joined: Sat Jul 22, 2006 4:56 pm
Posts: 1109
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Carry a small voice recorder with you, If you ever get stopped, turn it on.
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joelr
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Post subject: Posted: Fri May 16, 2008 8:41 am |
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| The Man |
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Joined: Sun Aug 07, 2005 5:43 am
Posts: 7970
Location: Minneapolis MN
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JimC wrote: Carry a small voice recorder with you, If you ever get stopped, turn it on. Two is better. One's for bait; the other's for real.
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havegunjoe
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Post subject: Posted: Fri May 16, 2008 12:25 pm |
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Joined: Fri Nov 30, 2007 10:32 am
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Location: Metro Area - Apple Valley
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teamgreen02 wrote: I don't know why anyone would ever consent to their vehicle/property being searched. What positive outcome could this possibly have? They wouldn't find anything of interest in my vehicle anyways. One reason is that people are intimidated by the mere presence of an LEO and don’t realize they can refuse. They really think the officer has the right to search any time they want. Second they feel they are honest people so why not, what would be the harm? Then they find out that their kid’s friend left a joint in the car and now they are in trouble. I have a sister-in-law that gets that deer in the headlight look if a cop were to ask her anything. She would confess to the Lindbergh baby kidnapping in about 3 minutes of questioning from a cop. She would never think to say no to a cop she is so intimidated by his authority.
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Scott Hughes
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Post subject: Posted: Fri May 16, 2008 1:23 pm |
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Joined: Wed Oct 04, 2006 10:44 pm
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Location: Isanti, MN
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Maybe something like this 
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plblark
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Post subject: Posted: Mon May 19, 2008 7:21 am |
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fixed link in Original Post - PLB
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tepin
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Post subject: Posted: Mon May 19, 2008 6:57 pm |
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Joined: Fri Mar 17, 2006 4:00 pm
Posts: 1064
Location: Minneapolis, MN
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So I hear you can never lie to a LEO. Is this really true? Are some lies ok? If so, which ones?
Dick Unger wrote: That's true, the police know how to change your mind about refusal. If you are at all unsure of yourself, they really go at it. They'll threaten you with "Obstructing justice" or some such nonsense.
When clients have said "I won't talk without my lawyer", they'll usually say "That's fine Buster. You don't need to say a thing. But I'm got some things I'm going to tell you." Then they'll make phoney threats.
It's why you should have a lawyer on speed dial. Tell them to save it for your lawyer.
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Andrew Rothman
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Post subject: Posted: Mon May 19, 2008 10:15 pm |
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Location: Twin Cities
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tman065
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Post subject: Posted: Mon May 19, 2008 11:20 pm |
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Joined: Tue Dec 19, 2006 6:19 am
Posts: 810
Location: Northern MN
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Lying to the FBI or other federal investigators is what always sends people to federal prison. Ask Martha Stewart.
I think Roger Clemens is feeling the heat as well.
I have yet to find the same charge in MN's 609 code..
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