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Old 28-June-2007, 04:48 PM
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Fazor Fazor is offline
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Join Date: Oct 2006
Location: Near Columbus, Ohio
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Quote:
Originally Posted by Musashi View Post
Actually, no. They cannot use your refusal to consent as grounds for a search.
Sure they can. But not outright. Usually goes something like;
Quote:
Officer: Do you have any guns, hand grenades, nuclear weapons, tanks, etc., in your car? [note use of exaggeration to 'lighten the mood' by joking approach]
Person: Heh, no.
Officer: Then you wouldn't mind if I had a quick look?
Person: No you can't look!
Officer: Why not? You just said you don't have anything.
Person: Some stupid excuse (if actually guilty)
The person faultering usually says something to give probable cause, and now you can search.

Of course, if you'd just outright say "I don't have anything, but it's my right to decline the search and I wish to excersize that right" or something else intelligent, the officer would have a much tougher time spinning it into a probable cause situation and probably would have to give up the search. Alot of being an effective (see my above post, but you don't have to agree) officer is word play.
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