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by Trainman
Mon Oct 08, 2007 6:29 am
Forum: General Texas CHL Discussion
Topic: Conscent to search
Replies: 50
Views: 8976

what about a response to the request to search such as this:
Q: May I search?
A: Why? What is the specific reason you have to want to perform a search?

I'm just throwing out the question because I don't know. Doesn't your question to the search request require the officer to state his probable cause justification for a search?

I saw a report on traffic stops in Florida and they were catching some drug smugglers by stopping them for a minor vehicle violation, letting them off on a warning. Just as the driver thought they were getting away with a warning, the officer would pop the question, "Oh, and may I search the vehicle?" They were caught off guard and consented and drugs were usually found.
The report stated after the warning was given and they were released, the probable cause for the traffic stop ended. The request for and consent to a search was unrelated and was a seperate event and was justified as a lawful search that did not require proof of a probable cause.

Just curious and was wondering what the experts think.

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