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Old 05-21-2012, 08:45   #54
CLM Number 38
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Join Date: Apr 2000
Location: Brooklyn, NY
Posts: 6,538

ABSENT any other factors, refusal of information and consent to search do NOT equal reasonable suspicion.

If you're asking to search someone without any good reason, it's a fishing expedition and does not constitute a proper stop.

TOTALITY OF THE CIRCUMSTANCES and the ability of the officer to adequately state his reasoning for the stop are the key to the viability of the encounter.
"Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

Last edited by seanmac45; 05-21-2012 at 08:46..
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