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05-01-2007, 11:42 AM #1OPJunior Member
Police consent searches are not consensual.
Repeatedly, police officers claim that criminal defendants consented to a search, even when the suspect was not advised of the right to refuse the search, and even when it twists the English language to say that consent can result from an armed police officer firmly saying "Please open your trunk" (They probably do not say "Pretty please, would you be willing to consent to open your trunk?")). Because coercion accompanies such searches, they are not consensual, and should be prohibited. Until such searches are prohibited, bravo to the Austin, Texas (of all places) police chief Stan Knee for requiring officers to obtain written consent in addition to verbal permission for searches, and requiring officers to document the reason for their suspicion.
See the rest of this article here: Police consent searches are not consensual. - UNDERDOG BLOG - by M&K's Criminal Defense and Individual Rights LawyersLiberty4All Reviewed by Liberty4All on . Police consent searches are not consensual. Repeatedly, police officers claim that criminal defendants consented to a search, even when the suspect was not advised of the right to refuse the search, and even when it twists the English language to say that consent can result from an armed police officer firmly saying "Please open your trunk" (They probably do not say "Pretty please, would you be willing to consent to open your trunk?")). Because coercion accompanies such searches, they are not consensual, and should be prohibited. Until Rating: 5
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