PottedMeat
Bluelighter
I say, NEVER!!! What do you people think? Remeber, the cops can lie to you to induce you into incriminating yourself.
Should you ever consent to a search?
- Thread starter PottedMeat
- Start date
plurMONSTER
Bluelight Crew
never
jerzeezfinest
Bluelight Crew
Alright, but what do you do when you're two little white girls up on 146th st in harlem on a known "drug street" and 4 cars pull up, 3 marked, 1 unmarked... make you get out of your car... start asking questions, and then your two very large, sketchy looking male friends come along (1 black, 1 white both "bouncer size" men, one of which you KNOW is carrying a gun and thankfuckinggod isnt searched well enough)... you're being screamed at to stay behind the car, not to approach the doors, and to keep your hands out of your pockets while 3 cops rummage thru the car W/O CONSENT! how should this situation be handled?
Exx_head
Bluelighter
- Joined
- Sep 13, 2000
- Messages
- 2,216
You get an attorney after you get arrested, and make him/her aware that you didn't consent to a search. However, as we have covered about a million times, if the police have probable cause to believe you are involved in a crime, they don't need your consent.
PottedMeat
Bluelighter
It blows my mind when I watch one of those cop shows when someone consents to a search of their vehicle and they know they have some sort or contraband in the car. Just say NO!
stardreamer
Bluelighter
- Joined
- Apr 16, 2002
- Messages
- 737
Yeah you might as well say no. Make the fuckers work for it if they want it.
And as far as getting searched w/o consent, it happens and unless you have witnesses, the cops can easily lie their way out of it. And believe me, they do.
A judge will believe a cop over some head any day - always remember that you almost NEVER have the benefit of the doubt.
And as far as getting searched w/o consent, it happens and unless you have witnesses, the cops can easily lie their way out of it. And believe me, they do.
A judge will believe a cop over some head any day - always remember that you almost NEVER have the benefit of the doubt.
DrGonzoESQ
Bluelighter
There are only two (and a half) reasons I can see to agree to a search.
1) You are clean. Someone else you know is dirty and you consent to a search to help avoid the extra scrutiny you know not consenting will bring.
2) You are dirty, know the cops both have probable cause and will search you and think you can get brownie points this way (in general unless you are both very sure of yourself and a lawyer this seems like a bad idea. But if you are a lawyer smoking crack on the street when you are seen by the cop maybe.)
2.5) You are clean and can't afford the hassle. Only .5 because it is best for all of us if you refuse but friends have been held/harrased for a fair bit of time for preciscely this reason.
1) You are clean. Someone else you know is dirty and you consent to a search to help avoid the extra scrutiny you know not consenting will bring.
2) You are dirty, know the cops both have probable cause and will search you and think you can get brownie points this way (in general unless you are both very sure of yourself and a lawyer this seems like a bad idea. But if you are a lawyer smoking crack on the street when you are seen by the cop maybe.)
2.5) You are clean and can't afford the hassle. Only .5 because it is best for all of us if you refuse but friends have been held/harrased for a fair bit of time for preciscely this reason.
PottedMeat
Bluelighter
^^^
Cops do not give "brownie points" for agreeing to a search. Their job is to arrest and charge you with any crime they can. Damn the man.
Cops do not give "brownie points" for agreeing to a search. Their job is to arrest and charge you with any crime they can. Damn the man.
^^ Cops are people too. Guess what if you piss them off they will hit you with even more.
They also have a great deal of power in deciding your eventual fate (too much in my opinion for this very reason). For instance in the bay area if you are on probation or similarly prohibited from fun ownership and the cops catch you with a firearm they may either refer you for state prosecution (like 6 months in jail) or federal prosecution (like 10 years and you have a more conservative jury).
They also have a great deal of power in deciding your eventual fate (too much in my opinion for this very reason). For instance in the bay area if you are on probation or similarly prohibited from fun ownership and the cops catch you with a firearm they may either refer you for state prosecution (like 6 months in jail) or federal prosecution (like 10 years and you have a more conservative jury).
Mariposa
Bluelight Crew
I was advised by an attorney friend who works for the DUI division of the State Attorney's office where I live that one should NEVER consent to a search.