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Old 05-21-2012, 14:05   #57
Goaltender66
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Join Date: Dec 2000
Location: Under the cultural penumbra of DC
Posts: 14,706
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?
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Last edited by Goaltender66; 05-21-2012 at 14:06..
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