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Old 12-04-2007, 08:21 PM
heyday heyday is offline
Come and Get Some!
 
Join Date: Nov 2006
Posts: 1,007
Quote:
Assuming you have a few hours to kill, refuse consent. Make them get a search warrant.
If you have drugs or other contraband in the car, you're up a creek either way (but maybe it's the end of the shift or something and they let you go rather than search).

Neither is necessarily true.

If one is unlawfully detained when one gives consent then legal grounds exists to suppress the fruits of that search.

Legally speaking, the odds are better in your favor if you refuse to give consent.

Generally under the law as it exists now, if LE have enough PC to obtain a SW than the automobile exception allows them to search without a warrant.

However, any search conducted without a warrant (or consent) is presumptively unconstitutional and thus, if LE can not show proper PC the exclusionary rule dictates that upon proper motion the evidence must be excluded from any prosecution for same. Can you spell d-i-s-m-i-s-s-e-d?
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