From what I've heard this happens frequently: people who know they have illegal items or substances give consent to search. I've heard various lawyers claim that something like 90% of those accused of crimes basically convict themselves by giving consent to search and/or failing to keep their mouths shut. Generally, the police are very good at getting people to talk. Most of the time this probably does us all a favor by putting bad guys away, but sometimes people who aren't bad guys make life very hard for themselves.Thomas wrote: ...he consented to a search when he knew he had contraband (the synthetic drugs, if legal, still was not allowed by rules).
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Return to “Student arrested for refusing to be searched (Empty Holster)”
- Thu Apr 07, 2011 3:37 pm
- Forum: Concealed Carry on College Campuses
- Topic: Student arrested for refusing to be searched (Empty Holster)
- Replies: 118
- Views: 12075
Re: Student arrested for refusing to be searched (Empty Hols
- Thu Apr 07, 2011 11:47 am
- Forum: Concealed Carry on College Campuses
- Topic: Student arrested for refusing to be searched (Empty Holster)
- Replies: 118
- Views: 12075
Re: Student arrested for refusing to be searched (Empty Hols
Generally speaking I'm going to "comply," but I'm not going to "consent." If I am asked to consent to a search I will say no, and if they search anyway, I will repeatedly say that their search is being conducted without my consent, hopefully in front of witnesses.pcgizzmo wrote:VMI77 wrote:Commander Cody wrote:With nothing to hide he should have complied with the request to search… IMHO.
Really? That guy in New Jersey who got a seven year prison sentence for having unloaded guns secured and locked in the trunk of his car didn't think he had anything to hide either. I don't have anything to "hide," so I should be AOK with the police searching me or my car or my house any ole' time they want? Sorry, "nothing to hide" isn't the standard embodied in the Constitution --left alone when there isn't probable cause is the standard for liberty. There may be some unusual circumstances where I'd consent to a search --this particular circumstance would probably be one of them-- but normally I'm not going to consent.
If "nothing to hide" is the standard then eventually you'll find you have the kind of government you do have something to hide from. Gun owners should be especially concerned when there is already, among other things, pending legislation to ban magazines over 10 round capacity. According to the NRA, the Bill is written such that possession of pre-ban magazines will merely be an affirmative defense at your trial, and you'll have to prove you bought them before the ban.
I don't totally disagree with you but, are you going to not comply? You know that's going to end badly for you. The sad thing is we really have very little control if a LEO wants us to do something. We have to comply or face the alternative. I just hope that the LEO I'm dealing with is a good person and well meaning. Beyond that there is little we can do until after the incident is over with.
- Thu Apr 07, 2011 10:30 am
- Forum: Concealed Carry on College Campuses
- Topic: Student arrested for refusing to be searched (Empty Holster)
- Replies: 118
- Views: 12075
Re: Student arrested for refusing to be searched (Empty Hols
Yes, arguing may be no win, but refusal may not be. If you're asked to consent to a search, the police may not have probable cause. If you don't give your consent and it turns out they don't have probable cause they may not be able to introduce the results of their search into your trial if you end up being charged with something. You may think you don't have anything to worry about because you're not doing anything illegal --then again, that's probably what that guy in New Jersey thought who got seven years for guns he had locked in the truck of his car, which he believed he possessed legally.pcgizzmo wrote:I just don't understand why people insist on arguing w/LEO's. It's a no win situation. Even if there wrong your going to have to do what they are asking.
And if, for instance, the police ask to search your car, how do you know you don't have anything to hide? How do you know some passenger, one you might not even know about --such as an acquaintance of a teenage son or daughter's friend-- didn't drop a joint, or a prescription bottle of some controlled substance under the seat?
- Thu Apr 07, 2011 10:14 am
- Forum: Concealed Carry on College Campuses
- Topic: Student arrested for refusing to be searched (Empty Holster)
- Replies: 118
- Views: 12075
Re: Student arrested for refusing to be searched (Empty Hols
Commander Cody wrote:With nothing to hide he should have complied with the request to search… IMHO.
Really? That guy in New Jersey who got a seven year prison sentence for having unloaded guns secured and locked in the trunk of his car didn't think he had anything to hide either. I don't have anything to "hide," so I should be AOK with the police searching me or my car or my house any ole' time they want? Sorry, "nothing to hide" isn't the standard embodied in the Constitution --left alone when there isn't probable cause is the standard for liberty. There may be some unusual circumstances where I'd consent to a search --this particular circumstance would probably be one of them-- but normally I'm not going to consent.
If "nothing to hide" is the standard then eventually you'll find you have the kind of government you do have something to hide from. Gun owners should be especially concerned when there is already, among other things, pending legislation to ban magazines over 10 round capacity. According to the NRA, the Bill is written such that possession of pre-ban magazines will merely be an affirmative defense at your trial, and you'll have to prove you bought them before the ban.