Be Specific with the Parameters of Your “Consent” to Search

16Apr12

A single grant of consent does not, as a matter of law, prohibit more than one search. An officer may conduct more than one search if, under the totality of the circumstances, a reasonable person would conclude that any subsequent search fell within the boundaries of the defendant’s consent.      People v. Valencia

First of all – DON’T CONSENT TO A SEARCH!  But if you do, be very specific of what you are allowing the police officer to search.  Remember, anytime a police officer asks you if they can search you, your car, your house, purse, etc., that means they don’t have the authority to search and must get your consent.  Although, police officers never like being told no, they must (in theory) abide by the rules.  Unfortunately, sometimes they will do what they want, and write up their report in such a way that you did in fact consent.  Should they pressure you and ask you why you will not consent to such a search, tell them that you are an idealist and believe in our constitution.

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