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	<title>Aggravating Factors &#187; police</title>
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	<description>Attorney Charles Thomas on all things criminal in Pennsylvania</description>
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		<title>There&#8217;s a reason the police are ASKING for consent to search</title>
		<link>http://www.attorneycharlesthomas.com/blog/2010/02/15/consent-to-search/</link>
		<comments>http://www.attorneycharlesthomas.com/blog/2010/02/15/consent-to-search/#comments</comments>
		<pubDate>Mon, 15 Feb 2010 19:40:50 +0000</pubDate>
		<dc:creator>Charlie</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[drug possession]]></category>
		<category><![CDATA[police]]></category>

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		<description><![CDATA[I took a call from a potential client this morning that reminds me how little most people understand about the system or their rights. During a traffic stop, police asked permission to search his car, and the search resulted in a few long forgotten marijuana seeds. Hardly the crime of the century, but a crime [...]]]></description>
			<content:encoded><![CDATA[<p>I took a call from a potential client this morning that reminds me how little most people understand about the system or their rights. During a traffic stop, police asked permission to search his car, and the search resulted in a few long forgotten marijuana seeds. Hardly the crime of the century, but a crime with serious ramifications nonetheless.</p>
<p>The person&#8217;s mistake? The police asked for consent to search, and he said yes thinking he was clean.</p>
<p>The police ask for permission if (and ONLY if) they don&#8217;t have enough evidence to get a warrant. Police officers cannot search based on their hunches; or if a person fits a profile; or for the hell of it; or any of the hundred other reasons police have &#8220;in their gut&#8221; for wanting to search a car.</p>
<p><em>Unless you give permission!</em> Then it doesn&#8217;t really matter what they believed. If a person consents, barring a literal gun to the head, the search is almost certainly going to be upheld. Now this person faces criminal charges, had his truck seized (no doubt so they get a warrant to tear it apart looking for more drugs), and is in a bit of hot water.</p>
<p>Oh, and because these were seeds, he can be charged with growing weed, which is a felony.</p>
<p>Hopefully, the police find nothing else, charge him with misdemeanors and we can work out a solution that pleases everyone. He wouldn&#8217;t be in this predicament if he simply said to the police &#8220;No, you may not search my car.&#8221;</p>
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