Consent, Probable Cause, Warranted Searches

Real_Illusion

Real_Illusion

Bluelighter
Joined
Jan 17, 2004
Messages
622
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My House
Now in another thread I noticed Banquo said not to consent to a search, even if a warrant is involved.

I'm curious, how does it help to not give consent even in a warranted search? Does your consent still make the evidence acquired not have the same value or something?

Also....I'd imagine that it might really hold some weight in probable cause cases. In my arrest, the cop did not have a warrant, I told him he must have a warrant to search my car, but he said he had probable cause. I told him I still didnt want him searching my car, he said "Well I'm searching your car, there's probable cause, I dont need a warrant." I simply said "I'm still not giving consent, but I'm not going to physically restrain you, so whatever"

so anyway, I'd like you to give me ANY information about consent, and also about probable cause and warrants if possible. This could even be turned into a guide, as I think it's something many of us druggies could learn a thing or two about.
 
I'm curious, how does it help to not give consent even in a warranted search? Does your consent still make the evidence acquired not have the same value or something?
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It's easier to challenge a warrant search than a consent search.

Giving consent to a search bars you from challenging a warrant that might have been issued for the same thing. Make law enforcement get the warrant or make them use probable cause (plus exigent circumstances) as grounds for a seach. This makes a challenge much easier. Consent searches, absent coercion or other rarer circumstances, are difficult if not impossible to challenge.

will write more later...
 
what if they see something inside the car that gives them suspicion, like what if they see a bowl inside the car, or a bag of weed?
 
dshock said:
what if they see something inside the car that gives them suspicion, like what if they see a bowl inside the car, or a bag of weed?
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thats plain view probable cause for a search.
 
No warrant is needed for a car search, as long as the car is potentially mobile. Probable cause alone is sufficient to grant the authority to search.
 
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