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Old January 18, 2012, 01:40 PM   #17
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,791
Quote:
Originally Posted by MLeake
PK, it's a valid concern. However, all things being equal, if it comes to the police finding anything your lawyer would probably prefer it if you had not granted permission. It might give him an angle for getting the search thrown out. Giving permission because you feel like it's pointless to say no will nullify any such defense attempt.
Beyond violating rights, the problem on a practical level is that they're not going to find anything in my car anyway so if I refuse and they call the sniffer dog, I'm just wasting time. I consider it compliance under coercion. Not that I've ever been searched but if I were to be asked I would probably give consent rather than wasting time waiting for the dang dog.
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The problem, as you so eloquently put it, is choice.
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