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 NEVER consent to a search 
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 Post subject: NEVER consent to a search
PostPosted: Fri Sep 11, 2009 9:46 am 
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http://www.snowflakesinhell.com/2009/09/11/curious-questions-about-gun-possession-arrest-in-dc/

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Capitol Police stopped Joshua Bowman, 28, of Falls Church, Va., at approximately 8 p.m. on Wednesday night several blocks away from the Capitol as he made a “failed attempt to gain access to [a Capitol] barricade,” a spokeswoman said.

After consenting to an administrative search of his vehicle, a shotgun in its case with ammunition was found in the vehicle’s trunk.


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For those of you who don’t know, these barricades are erected in the middle of some streets that, according to a map, look like they should be open to traffic. They are blocks from the actual Capitol building because they are posted around the Congressional office buildings that surround the Capitol.

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 Post subject: Re: NEVER consent to a search
PostPosted: Fri Sep 11, 2009 9:53 am 
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plblark wrote:
http://www.snowflakesinhell.com/2009/09/11/curious-questions-about-gun-possession-arrest-in-dc/

Quote:
Capitol Police stopped Joshua Bowman, 28, of Falls Church, Va., at approximately 8 p.m. on Wednesday night several blocks away from the Capitol as he made a “failed attempt to gain access to [a Capitol] barricade,” a spokeswoman said.

After consenting to an administrative search of his vehicle, a shotgun in its case with ammunition was found in the vehicle’s trunk.


Quote:
For those of you who don’t know, these barricades are erected in the middle of some streets that, according to a map, look like they should be open to traffic. They are blocks from the actual Capitol building because they are posted around the Congressional office buildings that surround the Capitol.


DOH!

To rip off Ghostbusters...

"Ray, when someone asks if they can search your car, you say NO!"


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 Post subject: Re: NEVER consent to a search
PostPosted: Fri Sep 11, 2009 11:23 am 
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I've got a friend who was a longtime cop, and wound up a captain in Miami. He said that if the cops really want to search your car, they can arrest you on some charge or other, which leads to impounding the car, which makes a search legal.

However, as I understand it, there has to be a reason to arrest you that would stand up in court, and a simple refusal to allow a search is not a reason. Also, the fact that you steadfastly refused permission for a search is huge, if anything untoward is found.

There have been some Youtube videos on this subject that ring true. One is done by the otherwise-despicable ACLU, but hey, even a broken clock is right once in a while. They provide a very narrow set of things you should say, that, if you stick rigidly to the script, should work. There are several videos clustered around this one: http://www.youtube.com/watch?v=Glpy3f-tEfY&NR=1


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 Post subject: Re: NEVER consent to a search
PostPosted: Fri Sep 11, 2009 12:15 pm 
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When it works it is great. Be advised though, there are "good faith" clauses out there that can be abused & make these rights a liability if you try and assert them.

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