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The Mouth

(3,149 posts)

2. I've always been told this by lawyer friends

Sat Nov 14, 2020, 04:53 PM

Nov 2020

If you don't explicitly and unambiguously deny consent, any murmur or mumble or nod can be construed as a 'yes'

Remember - ALWAYS -
The only things to say to a cop are "Am I free to leave" and if the answer isn't "yes" then ask for your lawyer. They are not your friend, and from the second contact happens anything you say can and will be used against you.

NEVER give consent to search, never tell them anything unless it's to help identify a person who committed a criminal act; if you aren't free to leave treat it as being under arrest and say nothing without checking with your lawyer first. In the words of one lawyer friend anyone who gives consent and/or tries to talk their way out of a possible infraction is a fucking idiot, full stop.

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41 replies

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Highlight:

Kansas Supreme Court: Consent to search can be non-verbal [View all] Judi Lynn Nov 2020 OP

Does a middle finger constitute refusal? Sneederbunk Nov 2020 #1

Yes. Yes it does. docgee Nov 2020 #11

Hahaha FarPoint Nov 2020 #34

I've always been told this by lawyer friends The Mouth Nov 2020 #2

I'm with you soryang Nov 2020 #6

Good advice. SharonClark Nov 2020 #7

I'm not a lawyer but I was able to take a Con Law class in college. nycbos Nov 2020 #17

That's not always the case, at least not in my experience. Jedi Guy Nov 2020 #32

Good point. You just cant treat all situations as being the same oldsoftie Nov 2020 #40

It Can't Happen Here tirebiter Nov 2020 #3

seems reasonable to me qazplm135 Nov 2020 #4

Based on whose testimony? Miguelito Loveless Nov 2020 #5

I was told years ago that only two people lie demosincebirth Nov 2020 #8

That's true. The person should have to sign a document. docgee Nov 2020 #12

Your last sentence Mr.Bill Nov 2020 #18

I know and it has. :) malthaussen Nov 2020 #20

Wouldn't it rather be better if you were on the jury, though? greenjar_01 Nov 2020 #33

yeah, we all bitch about bad decisions but no one wants to participate in the process. oldsoftie Nov 2020 #41

That and I have sued the police Miguelito Loveless Nov 2020 #24

So you think the defense attorney qazplm135 Nov 2020 #31

Oh my God! They discovered...marijuana!!! PatrickforO Nov 2020 #9

Headline: POT FOUND IN KITCHEN FIRE Clearly fogged in Nov 2020 #23

demosincebirth Coyote45 Nov 2020 #10

I have lots of time and you are paid by the hour. safeinOhio Nov 2020 #13

during a traffic stop by police for a routine violation based on reasonable suspicion soryang Nov 2020 #21

Back in the late 60s I safeinOhio Nov 2020 #25

I did some suppression motions many years ago soryang Nov 2020 #27

One never knows how a cop will act. safeinOhio Nov 2020 #28

i attended an advocacy course by one of the states most experienced criminal trial lawyers soryang Nov 2020 #29

Never resist and always safeinOhio Nov 2020 #30

I was told to say that I don't consent, but... reACTIONary Nov 2020 #37

A long time ago, I was pulled over because of.... reACTIONary Nov 2020 #36

as an OTR driver for several years soryang Nov 2020 #38

You step out, lock the door. marble falls Nov 2020 #14

you have the right to remain silent. if you say anything you give up that right AllaN01Bear Nov 2020 #15

Years ago angrychair Nov 2020 #16

helpful hint spike jones Nov 2020 #22

Or in the context of this thread, Mr.Bill Nov 2020 #26

Mr. Bill Coyote45 Nov 2020 #39

SSDD malthaussen Nov 2020 #19

A shake's as good as a nod to a blind cop. n/t Harker Nov 2020 #35