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Old February 8, 2012, 09:54 PM   #65
nate45
Senior Member
 
Join Date: July 15, 2007
Location: Illinois
Posts: 3,746
Quote:
Originally Posted by m&p45acp10+1
Well if you do not the officer is within thier rights to detain you while he is getting a warrant. That can include impounding your vehicle. You will pay the towing fee, and impoundment fee as well. All while handcuffed in the back seat of a squad car.

Failure to consent screams out one of two things.

1. I have something illegal in there.
2. I want to make your job difficult. (Yes you have the right to make them get a warrant. I have the right to walk in public resteraunt and loudly pass gas while walking past the table you are eating at. It does not mean it is a good idea to do so.)
Police have no right to detain you because you refuse to consent to a search.

They have no right to search based on 'hunches'.

Refusing to consent to a search CAN NOT be used against you.

Refusing a search request is not an admission of guilt and does not give the officer the legal right to search or detain you. In fact, most avoidable police searches don't occur because police have probable cause. They occur because people get tricked or intimidated into consenting to search requests.
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