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It only takes one to consent to a search without a search warrant

Posted by Robbie53024 11 years, 2 months ago to Government
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Make sure to tell your significant other, parents, kids, neighbors, and anybody else that you care about that they should NEVER consent to a search for any reason without a search warrant. Just this past week, a teenager consented to a search of the vehicle that he drove to school - his father's car. In it the school officials found a knife - which is banned with a no tolerance policy. He was forced into a suspension, going to the "alternative school", and will likely miss prom and graduation with the rest of his classmates. It doesn't matter whether you think you have anything to hide or not. Never agree to a search. If they have some reasonable suspicion of a crime, let them get a judge to agree.

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  • Posted by Robbie53024 11 years, 2 months ago in reply to this comment.
    Scott: Can you PM me? If that's not possible, send me an e-mail and I'll contact you outside the site. Thanks.
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  • Posted by Hiraghm 11 years, 2 months ago in reply to this comment.
    But, if they found the knife, if the 2nd were respected, nothing would have come of it.

    I still think that the person in control of the vehicle at the time should be the one who has to give consent or not. Kind of like the captain of a ship.
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  • Posted by Hiraghm 11 years, 2 months ago in reply to this comment.
    They hide everybody's replies to my comments. I'm in Conventry. You reply to me, it's the same as visiting me in Conventry.

    This won't change until the membership tells them to change it. Which won't happen because khalling demands an apology that won't be coming.
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  • Posted by rlewellen 11 years, 2 months ago in reply to this comment.
    I was only testing to see if hiraghm could see any thing from me. I am surprised you saw it. I never saw it on the sidebar.
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  • Posted by Robbie53024 11 years, 2 months ago in reply to this comment.
    There's a difference in implied consent - you called the police to report an intruder. Also, there are instances where the police can derive probable cause due to behavior or things observable in plain sight - an open alcohol container in the back seat of your car, for instance. But in an instance where the police show up at your door, or you are pulled over on the side of the highway, you have no obligation to allow a search.
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  • Posted by Robbie53024 11 years, 2 months ago in reply to this comment.
    Well, this is really a 4th amendment issue. And hinged on the fact that there was a person who agreed to the search, even though others didn't.
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  • Posted by rlewellen 11 years, 2 months ago in reply to this comment.
    I think it has been that way for a long time. Imagine if you call the police and someone is hiding in your house. The police find the culprit and charge him. There was no search warrant needed there. Hiraghm they are hiding my replies to your comments. The replies never show up on the sidebar and when I look to see what you posts or comments from more than a week ago show up.
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  • Posted by Robbie53024 11 years, 2 months ago in reply to this comment.
    There was one person who acquiesced to the search. As I said, you should never allow a search, no matter whether you think you have nothing to hide or not. They have the legal responsibility to present a judge probable cause. Otherwise they can go pound sand.
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  • Posted by mminnick 11 years, 2 months ago
    As I read this, Alito was in the majority and Ginsberg in the minority. That is a switch especially in a case involving the Constitution so directly.
    Are we seeing a shift in polarity of some of the justices?
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