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Consent Search--legal Or Illegal

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  • Consent Search--legal Or Illegal

    Hey all

    I am from Illinois and just recently became a police officer near chicago. My question is I have heard a lot of different view points on this topic so I thought I would throw it out there and see what you guys all think. I think it is legal to turn a traffic stop into a consent search but i am also a rookie so I am probably wrong just post your replies thanks again guys.
    Peace
    Be Safe
    OfcHayes

  • #2
    Nothing wrong with the question.

    Just remember the word "Consent", as long you ask, and the driver gives his consent, go at it. Some departments, have a consent form that the drivers would sign before you start.

    Comment


    • #3
      Consent to search may be granted, it may also be refused, or withdrawn at any time (even if it was granted by signing a form) and if there is at that time, no other grounds for search, the search must stop.

      The refusal of consent, or the withdrawal of consent alone are not probable cause to search, or to continue the search.

      To be valid, consent must be freely given, and without coercion. To avoid the claim of coercion, the reason for the stop should be concluded and the papers returned to the driver along with the OL and Reg. Standing there holding a person's OL and Reg as if deciding to write or warn is not the time to ask for free and voluntary consent to search.
      Adios amigos.

      Comment


      • #4
        I'm new myself, but my understanding is that for the most part in Illinois, the questioning must stay in line with the scope of the stop for simple IVC violations. The problem is that when you try to go from the IVC stop to a consent search it better be very clear that it has become a consensual encounter.
        For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

        "Jeff, you are the best cop on this board"-Anonymous Post

        Comment


        • #5
          Keep in mind that the Illinois constitution is more restrictive on 4th ammendment issues than the U.S. Constitution. For Example, the Illinois Supreme court has
          determined we cannot ask a passenger for ID and then check for warrants.

          Check with your local State's Attorney. They will be happr to answer your questions if it means not losing a future case.

          Comment


          • #6
            How does one tactfully decline a request from a LEO for consent to search?
            Usually it seems to go like this:

            LEO: You're not carrying any guns, knives, drugs, or anything illegal, right?
            Motorist: No.
            LEO: Do you mind if I look then?
            Motorist: I'd rather you didn't.
            LEO: Why? If you're not hiding anything, it shouldn't be a problem.
            Motorist: I'm not hiding anything.
            LEO: OK. So if you're telling me the truth, I can go ahead and search the vehicle, right? Otherwise, we can wait here until we get a dog.

            Motorist feels pressured and capitulates. What's the problem? To me it's a matter of privacy. Also, If the officer had probable cause, he wouldn't need to ask permission. So why do some LEO's not want to take 'no' for an answer?

            Comment


            • #7
              Points to remember on consent searches. Conclude your stop paperwork first (I know this was already said). They have to be "free to leave" for it to be a proper consent search. If they refuse consent there should be nothing left to do other than leave. For that reason, they teach in Drug Interdiction school that a consent search is your "last resort" You want to try to find some PC or something first and if all else fails try to get consent,and if they say no you are done. A lot of kunckleheads will say yes and then you find all kinds of contraband.

              It was already said that consent can be revoked at any time. For it to be a proper consent search they need to be in a position to revoke consent. You can't put them in the back of your cruiser with the door shut where they can't communicate to anyone they want you to stop searching.

              They CAN ask you to stop searching at any time and you have to stop. Unless you find contraband before they say stop, then it becomes a Probable Cause search.

              Their consent includes any unlocked containers inside the vehicle (case law backs this up). Anything locked you need to ask additional consent to go into them.

              Most importantly... NEVER search a vehicle by yourself. Too many good cops have died trying to do them. If you know in your gut there is good contraband in the car and can't get another officer to conduct a search; LET IT GO. Go home so you can catch the bad guy another day.

              Comment


              • #8
                There is case law that affects NJ, but I do not know about IL. It pretty much states that you need have a reasonale and articulable suspicion that there is something wrong beyond the scope of the stop for you to even get into questioning a driver of a MV stop about a possible consent search.

                That means if you stop someone for speeding, you cannot just ask if there is anything illegal in the car and ask if you can search the car even with consent unless you can state why you even started that line of questioning.

                Stay safe

                Sammy
                If I could keep one heart from breaking, I shall not live in vain. If I could ease one life the aching or cool one pain; or lift a fainting robin unto it's nest again, I shall not live in vain. Emily Dickinson
                www.samanthafund.com

                Comment


                • #9
                  1)Give back all the documents to the driver including a warning or ticket.

                  2)Tell the driver they are "free to go" and make sure they understand it.

                  3)Ask them if you can ask them some questions.

                  4)Ask any questions you may have.

                  Comment


                  • #10
                    The problem is that when you try to go from the IVC stop to a consent search it better be very clear that it has become a consensual encounter.
                    After finishing up the traffic stop, and giving all documents back, I always used the line: "My boss is on my butt for not searching enough cars. If he dosen't hear me mark out searching a car, he'll give me a load of crap. If it's o.k. with you, do you mind if I just do a real quick 'search'. Ill be in an out, and you'll be on you're way."

                    Alot of people will consentto that. The supreme court says we can lie during an investigation. Be sure to use the word 'search'. We've been jammed by not using 'search', but using phrases like 'look around', etc...

                    Definately check with your dept directives..
                    "What you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. May God have mercy on your soul."

                    Comment


                    • #11
                      Never mind.
                      Last edited by t150vsuptpr; 10-30-2005, 01:26 AM.
                      "That's right man, we've got mills here that'll blow that heap of your's right off the road."

                      "Beautiful Daughter of the Stars."(it's my home now)

                      >>>>> A Time for Choosing <<<<<

                      Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

                      Comment


                      • #12
                        Too much information here gang...this is a public forum!
                        Whitechapel - Hate Creation

                        Comment


                        • #13
                          Originally posted by SinePari
                          Too much information here gang...this is a public forum!
                          \

                          Yeah we don't want people learning what Constitutional protections are afforded to them.
                          Trooperden, akman75, & azmichelle ignored

                          Comment


                          • #14
                            Originally posted by Mr. Security
                            How does one tactfully decline a request from a LEO for consent to search?
                            Couldn't get any 'bites' on my question posted way back, so here's what I think I'd say:

                            LEO: Alright if I do a quick search of your vehicle?
                            Me: Wow. You're asking me to waive my 4th amendment rights. That's a serious request. You must have a good reason. What is it?
                            LEO: (Will not have a good reason because he wouldn't be asking for permission if he already had probable cause)

                            End of story.

                            Comment


                            • #15
                              It's a game. They hide it from us, we try to find it.

                              If I'm standing on the side of the road and want to look in someone's car, I'll ask them to search it. He says no (if I have no probable cause), off he goes. He says yes, I conduct my search and either find it or don't.

                              Since 99.9% of the **** heads out there get over on us 95% of the time due to lack of manpower or resources, I'm going to use every tool I have.
                              "What you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. May God have mercy on your soul."

                              Comment

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