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Don’t Consent to Police Searches or Answer Incriminating Questions

Submitted by smorgan on
Here’s the perfect illustration of how not to handle an encounter with police:

WHEELING -- The Ohio County Sheriff's Department initiated a traffic stop early this morning at the Mount de Chantal Kroger.

After getting permission to search the vehicle, deputies found nearly a half a pound of marijuana, a digital scale, baggies and blunt wraps, along with some cash.

25-year-old Andre Smith of Wheeling, 20-year-old Jeff McGhee of Wheeling and 18-year-old George Oliver were arrested and taken to the Northern Regional Jail.

One of the suspects later admitted to deputies that the marijuana was purchased out-of-state, and he planned to sell it. [WTRF]

Of course, there’s no guarantee that refusing the search will prevent it from happening, but it often will, and if police search you anyway, you’ll at least have a shot at getting the evidence thrown out in court. I’ve discussed this exact issue with dozens of defense attorneys and the answer is always the same: if the suspect refused consent, the charges are frequently dropped.

I recently met a defense attorney from Kansas who called Flex Your Rights to order a copy of our video. Doing criminal defense in Kansas, this guy deals with traffic stop arrests all day every day. The drug war in Kansas is initiated on the highways and then fought out in court, and this lawyer is the guy you want to know if you get jammed up in a traffic stop. He said he gets very few clients who refused consent, and as a result a lot of his work involves negotiating plea bargains for drug cases. On the rare occasion that he gets someone who actually had the presence of mind to refuse the search, they walk. He’s a badass and he knows how to annihilate improperly seized evidence.

Every case is different and police misconduct is a virus, but the bottom line is that giving consent will always destroy you if there’s anything in the car. It’s just that simple. Don’t play their game.

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