Should officers be required to obtain written or recorded consent before conducting warrantless vehicle searches?
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Written consent for Vehicle searches?
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not written, but a nice conversation on the audio or video recorder is always nice. Nothing like playing it in court and watching the defendant get that oh **** look on his face and having the attorney know for a fact that his client is a lying dink.
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Originally posted by S.D.not written, but a nice conversation on the audio or video recorder is always nice. Nothing like playing it in court and watching the defendant get that oh **** look on his face and having the attorney know for a fact that his client is a lying dink.
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Originally posted by DukeIf you have to get permission, why not have it in writing.
In my state, the courts have ruled that refusing to sign a written waiver constitutes a refusal to search, even if they give verbal consent. It's better to get it on tape and not risk asking for anything in writing.Going too far is half the pleasure of not getting anywhere
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Back in the dark ages we didn't have all those nice recorders so we would always try and get them to sign a paper saying that they are giving us permission. Outstanding bit to present in court as the judge or jury can touch it and see for themselves.
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I have found that most criminals will let you search there vehicle, but they will not sign anything. It makes them feel like their signing a confession. If you don't have cameras in your car, purchase a tape recorder and make sure you have it running when you ask.
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Eh verbal is good by me, now for a house consent search, yes I'd do written but for a car? Nah just verbal, of course it has to be a "yes", not a nod, or some non verbal response.
My department always has a cover officer for car searches/inventories etc so there's a 2nd officer that hears the consent.Illegitimi non carborundum - Don't let the bastards grind you down.
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Originally posted by jam1433Should officers be required to obtain written or recorded consent before conducting warrantless vehicle searches?
Most people that don't want their car searched will end up doing something stupid to get them arrested and then we can search anything within "reach" (in Georgia at least).
Unless we do inventory
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