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Old August 8, 2014, 02:37 PM   #32
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
Quote:
So what of its not in plain sight, but the simply ask?
That's exactly the scenario I (actually you) painted. The initial inquiry and then voluntarily turning over the pistol makes it a consensual seizure. I will note, however, there may a gray area sometimes as to whether a surrender of an item is consensual or done in response to an order. Again, these sorts of issues are very fact-oriented. I am confident that search and seizure issues are the focus of more litigation and court opinions than any other constitutional issue just for that reason.
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