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Re: Respect our DPS and Troopers
Posted: Fri Mar 06, 2015 7:29 am
by Cedar Park Dad
JSThane wrote:As a teenager, I had the local-to-me-then cops stop me and demand I "consent to search." They quite literally told me if I didn't sign it, I wasn't going anywhere unless it was to the station. My crime? Taking a back road to avoid traffic because I was tired and didn't want to endanger anyone (to be fair, I was a bit over the lines, I was so tired; the initial officer stopped on suspicion of DWI). I finally gave in (not knowing any better) and signed the consent form, but told the cop, "Once you find nothing, I want you to tell me what you're looking for." As expected, they found nothing. The very sheepish (and probably scared I'd complain) officer then told me he saw coffee filters in the back seat and thought I was smuggling a meth lab. He totally missed the coffee pot and grounds right next to the filters in the box; I was coming home from a semester at college. Knowing what I know now, there's no way the cops then could have made anything stick, for there was nothing there TO stick. Their threats were empty; they were looking for an "easy bust."
As a law enforcement officer now, I say this: If you've done nothing wrong, DO NOT CONSENT. If you have, and you consent to search, you've just made my job easier. But little things like Constitutional rights aren't there to make my job easier; they're there to keep people from being railroaded like I very nearly was. If I don't catch someone this time around, I'll have another chance. Criminals are dumb. I'll see them again.
Agreed. State you will not physically resist but that you do not consent to any search. Keep politely saying the no consent part.
Re: Respect our DPS and Troopers
Posted: Fri Mar 06, 2015 7:48 am
by b322da
Cedar Park Dad wrote: ...State you will not physically resist but that you do not consent to any search. Keep politely saying the no consent part.
Very important that you include words to the effect of those underlined above.
Jim
Re: Respect our DPS and Troopers
Posted: Fri Mar 06, 2015 8:53 am
by Cedar Park Dad
Don't disagree.
Re: Respect our DPS and Troopers
Posted: Sat Mar 07, 2015 6:47 am
by b322da
Cedar Park Dad wrote:Don't disagree.
I should hope not. I was quoting
you, Dad.
Jim
Re: Respect our DPS and Troopers
Posted: Sat Mar 07, 2015 2:22 pm
by Dave2
chuck j wrote:Within reason they can search my vehicle any time they like , total waste of time for them though . If it helps catch drug runners , illegals or criminals I'm all for it .
... But I'm not either of those, so it wouldn't help them. Come to think of it, allowing them to search me/my car would actually
hinder their efforts, since I already know it'd just waste their time.
Re: Respect our DPS and Troopers
Posted: Mon Mar 09, 2015 7:21 am
by Cedar Park Dad
b322da wrote:Cedar Park Dad wrote:Don't disagree.
I should hope not. I was quoting
you, Dad.
Jim
Thats why i don't disagree.
Re: Respect our DPS and Troopers
Posted: Mon Mar 09, 2015 7:33 am
by b322da
Cedar Park Dad wrote:b322da wrote:Cedar Park Dad wrote:Don't disagree.
I should hope not. I was quoting
you, Dad.
Jim
Thats why i don't disagree.
Jim
Re: Respect our DPS and Troopers
Posted: Tue Mar 10, 2015 8:09 am
by Lubbock1911
Been traveling and missed the replies. Thanks for the input. I do respect our troopers and understand by my submission I am allowing them to abuse their powers. I have no "real" answer to the problem. When I am 200-300 miles from home I tend to comply.
Now you let one of my local PD try this and I will surely oppose. I can go to jail, then get bailed out in time to be home for supper.
When I was a young man my friendly local sheriff told me when you are innocent you argue the facts and your innocents. When you are guilty you "shut up" and let your mouth piece (lawyer) argue the law in the court room.
Re: Respect our DPS and Troopers
Posted: Tue Mar 10, 2015 8:57 am
by bigity
Lubbock1911 wrote:Been traveling and missed the replies. Thanks for the input. I do respect our troopers and understand by my submission I am allowing them to abuse their powers. I have no "real" answer to the problem. When I am 200-300 miles from home I tend to comply.
Now you let one of my local PD try this and I will surely oppose. I can go to jail, then get bailed out in time to be home for supper.
When I was a young man my friendly local sheriff told me when you are innocent you argue the facts and your innocents. When you are guilty you "shut up" and let your mouth piece (lawyer) argue the law in the court room.
Seems to indicate a bias to me :)
Like cop TV shows where they guy who 'lawyered up' is a scumbag who is making it possible for some child to get murdered. And then of course isn't the guy because he was the first one brought in for questioning in the show.
Re: Respect our DPS and Troopers
Posted: Sun Mar 22, 2015 11:42 pm
by Bolton Strid
Four pages of posts have failed to address a very, very important point - when you give consent, you have effectively waived any defense you may have had against prosecution, meaning you have freely given full permission to use anything they may find and anything you subsequently say against you. That's the real consent you are actually giving. All you would have for a plea is "no contest" or "guilty" - that's it. Worst case scenario is something is found during a search serious enough (or expensive enough) to give cover for a civil forfeiture of your vehicle & contents. The lawmen the OP encountered, though zealous were principled, but you cannot blindly rely on that always being the case everywhere you go. Strangers you don't know should never be given open permission to paw through your stuff. If the circumstances are just right there may be too much temptation for a corrupt official to use their authority for personal gain.