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  • Written consent for Vehicle searches?

    Should officers be required to obtain written or recorded consent before conducting warrantless vehicle searches?
    46
    Yes
    21.74%
    10
    No
    78.26%
    36

  • #2
    I have video and audio in my patrol car. The lawyers can watch the tape.

    Comment


    • #3
      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.

      Comment


      • #4
        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.
        Totally right...The video (and audio) never lie... I got burned on one of my DUI cases because my Mic battery went dead right after I took the person into custody and put him in the car and read implied consent with no audio... And the lawyer was trying to say I didn't do it. I hate defense attorneys.

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        • #5
          I agree with the mics/vids. but paper is always a good back up plan. I always find a way to CYA!

          Keep Moving and Stay Safe!!

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          • #6
            If you have to get permission, why not have it in writing. However, if you know what you are doing, you can get inside almost anyone's car....legally. Then you don't need consent.
            Officer, I borrowed these pants!

            Comment


            • #7
              Originally posted by Duke
              If you have to get permission, why not have it in writing.
              "Yah man, you can search my car but I ain't signing nothing."

              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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              • #8
                Should officers be required to obtain written or recorded consent before conducting warrantless vehicle searches?
                Hell no.....Why would you want to make things harder than you have to?

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                • #9
                  Im just curious what kind of stops are we talking about?

                  Comment


                  • #10
                    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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                    • #11
                      Our department has a paper for the "customer" to sign, but I have yet to see any officer use it. If you want to get into a car, there are enough ways to. It's all about articulation. The bad guys have too many rights as it is!

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                      • #12
                        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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                        • #13
                          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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                          • #14
                            You need written consent unless your subject understands English without any question.


                            Federal courts require the subject understand he is free to leave and has the right to refuse consent to search.

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                            • #15
                              Originally posted by jam1433
                              Should officers be required to obtain written or recorded consent before conducting warrantless vehicle searches?
                              I don't see what the big deal is. If you aren't hiding anything, it shouldn't be a problem. Thing is... if we have enough suspicion, we'll find a way to search your car.

                              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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