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Date:         Thu, 5 Sep 1996 20:11:16 -0700
Sender:       Vanagon Mailing List <vanagon@vanagon.com>
From:         Robert Crawford <robertc@snowcrest.net>
Subject:      Re: Speaking of being stopped by the cops....

At 08:11 PM 9/4/96 -0500, snuggles@vnet.ibm.com wrote:

>i was waiting for the search question...i woulda said if you got/get a warrant >you can search...since i didn't have anything anyways. i could tell she wanted >to look inside.

No! do not agree to a search, even if they do have a warrant. Be polite and offer to unlock any locked compartments, but be sure to say that you are not giving legal consent.

In the police academy(in calif. at least) they make a point of stressing that you ask for permission even with a warrant. The reason is that if the warrant isn't good (and it probably wont be) you (the officer) still have the poor sap's verbal consent, thus you have a good search, even with a bad (won't stand up in court) warrant. (to answer the obvious question, I lost faith)

Once when a cop pointed out that he could get a warrant I reminded him that refusal to agree to a search does not constitute probable cause. That got some dirt kicked in my face (I was lying on the ground at the time) but they didn't search my vehicle and they let me go after a while (apx. 40 min)of lying on the frozen ground in a pair of shorts and a T-shirt. Robert Crawford


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