I'll put it another way.
If I'm walking down Normal and a police officer comes up to me to chat, it's unlikely I'll say anything other than hello and/or "why do you ask?" If he says he "needs" to search my bag I say "I don't consent to a search."
If the situation is such that my consent is unnecessary then the officer will proceed anyway and he should be prepared to justify his actions in court (of course, if this is done as part of a Terry Stop it'll be pretty clear that we've gone past a consensual encounter anyway...).
If my consent is required but he's not saying so, I'm covered if he decides to go ahead and search my bag.
Perhaps there's some clarification that's needed. Is a stop, question, and frisk exercise a Terry Stop by another name?
The US Air Force has started including tax protester literature in the emergency supplies of their aircraft. If the plane crashes in a remote area, the crew is instructed to read the pamphlets and Goalie will be along shortly to rebut them.
Last edited by Goaltender66; 05-21-2012 at 15:06..