One of essentially the most frustrating points criminal protection attorneys face is when a client consents to an otherwise unwarranted search of her automobile, condominium, house or any area the place the shopper has an expectation of privacy. Often occasions the legislation enforcement officer is solely on a fishing expedition” – you look younger, nervous, timid, and guilty, due to this fact, the police officer, playing his hunch, asks on your consent” to rummage about your automobile, home or jacket pockets. Your slight hesitation will probably be met with the next, We can do that the straightforward means or arduous way, and we will sit here all night time while I call in a K-9 to go looking your automobile or you’ll be able to simply consent.” Or, you probably have nothing to cover why don’t you simply consent to a search?’ You have just fallen prey to manipulative police tactics.
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Sometimes consent is topic to a authorized challenge when the police broaden the scope of a stop. For instance, the police pull you over for dashing and concern a ticket. However, prior to letting you drive off, the officer asks for consent to look your automobile, normally in search of a chance to nab you on a drug transportation cost You consent and, finally, the officer pulls a baggie of marijuana from beneath the passenger seat. A good argument might be made that the police impermissibly expanded the scope of the traffic cease by asking for consent to search when you should have been on your way residence.
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