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sjfcontrol wrote:I wouldn't advise the "Yes, when you get a warrant" answer. I would think it likely that the search would begin after the "Yes" part, and the officer would (might) just ignore the rest. The officer would claim (testify) the person gave permission. I also don't think you can withdraw permission after having agreed to the search.

WildBill wrote:Maybe, but I think that is stretching it a bit thin. If the LEO is going to lie, he's going to lie. He doesn't really the "Yes, but" as a "reason."

sjfcontrol wrote:It wouldn't be a lie. You gave permission, then tried to attach strings.

WildBill wrote:I hope you're not serious.

sjfcontrol wrote:If I don't want to give permission for a search, I would not answer the question starting with the word "Yes". I am serious. You're playing games if you do.

WildBill wrote:I agree that it might not be the best thing to say, but an LEO construing this as a blanket consent is wrong and illegal. Thinking that it is not a lie is inconceivable to me. A person can revoke their consent to search at any time and can attach conditions to their search, such as requiring a warrant or presence of an attorney.

Let me pose a question. Let's say you needed some money and said "Hey Wild Bill can you give me $20". And I said, "Yes, as long as you pay me back." You would say that I was lying if you didn't pay me and I said that you owed me $20? Is this playing games?

sjfcontrol wrote:

WildBill wrote:

sjfcontrol wrote:

wgoforth wrote:Throw another aspect into this mix. Tom Gresham on Gun Talk is not a politcial radical, he just loves shooting sports... so it caught my attention when he was talking about auto searches. He said that when an ossicer asks "May I search your vehicle" that he suggests to everyone say "Yes... when you get a search warrant." He said that he does this to slow down the expansion of unreasonable search and seizures. I can see that point, but I can also see that if they have to wait, and maybe bring dogs that will scratch my car, I don't know which is the "greater good" here. I know my son was asked if they could search his car, and once he said "yes" they decided they didn't need to. Ideas?

I wouldn't advise the "Yes, when you get a warrant" answer. I would think it likely that the search would begin after the "Yes" part, and the officer would (might) just ignore the rest. The officer would claim (testify) the person gave permission. I also don't think you can withdraw permission after having agreed to the search.

Maybe, but I think that is stretching it a bit thin. If the LEO is going to lie, he's going to lie. He doesn't really the "Yes, but" as a "reason."

It wouldn't be a lie. You gave permission, then tried to attach strings.

sjfcontrol wrote:

wgoforth wrote:Throw another aspect into this mix. Tom Gresham on Gun Talk is not a politcial radical, he just loves shooting sports... so it caught my attention when he was talking about auto searches. He said that when an ossicer asks "May I search your vehicle" that he suggests to everyone say "Yes... when you get a search warrant." He said that he does this to slow down the expansion of unreasonable search and seizures. I can see that point, but I can also see that if they have to wait, and maybe bring dogs that will scratch my car, I don't know which is the "greater good" here. I know my son was asked if they could search his car, and once he said "yes" they decided they didn't need to. Ideas?

I wouldn't advise the "Yes, when you get a warrant" answer. I would think it likely that the search would begin after the "Yes" part, and the officer would (might) just ignore the rest. The officer would claim (testify) the person gave permission. I also don't think you can withdraw permission after having agreed to the search.

wgoforth wrote:Throw another aspect into this mix. Tom Gresham on Gun Talk is not a politcial radical, he just loves shooting sports... so it caught my attention when he was talking about auto searches. He said that when an ossicer asks "May I search your vehicle" that he suggests to everyone say "Yes... when you get a search warrant." He said that he does this to slow down the expansion of unreasonable search and seizures. I can see that point, but I can also see that if they have to wait, and maybe bring dogs that will scratch my car, I don't know which is the "greater good" here. I know my son was asked if they could search his car, and once he said "yes" they decided they didn't need to. Ideas?

Excaliber wrote:Drawbacks:

1. It doesn't have nearly the panache that taking the "I'm not telling him anything I don't have to" attitude does.
2. It isn't likely to give you an adrenaline rush
3. You'll almost certainly miss out on being the star of a patrol car video segment on the evening news.

wgoforth wrote:

Skaven wrote:Straight from Texas DPS

http://www.txdps.state.tx.us/administra ... l/stop.htm" onclick="window.open(this.href);return false;

Still no definitive answer...note it says to contact local LEO's to find their practice in their jurisdiction...