3 ms·

Why did you consent to the search?

jasonwatkinspdx 8y ago
Doesn't matter. In Kansas outside Salina, highway patrol pulled me over because my new car had a temporary tag, which they claimed was in the wrong location. It wasn't: KS and OR differ in where they want you to put it. I declined consent for a search, at which point they put hands on guns and ordered me out of the car. They spent about an hour tossing everything they could remove into the ditch. There are some real top to bottom jerks around with badges, and with those folks, knowing your rights is effectively meaningless.
- tptacek 8y ago
  Did you follow up on this with the department?
  - jasonwatkinspdx 8y ago
    I called their precinct, got told to go pound sand in not so many words.
  - anigbrowl 8y ago
    People who have had their rights infringed shouldn't be asked to invest more of their time and/or money in procedural wrangling with diminishing probabilities of restitution for their original injury. there are strong correlations between biased enforcement and biased litigation outcomes, and that doctrine of qualified immunity virtually guarantees litigation will be highly asymmetrical from the outset.
    - tptacek 8y ago
      I asked him "if", not "to".
      - anigbrowl 8y ago
        OK, but questions like that are freighted with 'should' whether or not you said so.
        tptacek 8y ago
        I don't know what the particular rhetorical dance I need to enact in order to ask that question positively rather than normatively is so I'm just going to disregard that problem.
newman8r 8y ago
I really shouldn't have. Don't underestimate your ability to make irrational decisions when you feel panicked. There wasn't anything illegal and they let me go on my way. I was kind of frazzled after I told them I had a medical marijuana recommendation and they told me it was illegal federally. I didn't even know I was at a border control checkpoint at first, I took a wrong turn about 50 miles away from the border in San Diego county. They said they weren't looking for weed, but obviously they can and will lie as needed. my reasoning at the time (panicked) was that there was a small chance I might have had cannabis in the car. There was a dog alerting to the car, and I assumed it meant they'd end up searching it even without my consent. I believed them when they said they weren't looking for weed, but I also believed that if I denied consent to search and they searched anyway, if they found weed they were more likely charge me, as opposed to just letting me go if I cooperated and all they found was weed. So that was my flawed logic. I know it's always best not to consent, but I kind of panicked and gave consent anyway. Turns out the dog was alerting to my legal prescription medication.

Doesn't matter. In Kansas outside Salina, highway patrol pulled me over because my new car had a temporary tag, which they claimed was in the wrong location. It wasn't: KS and OR differ in where they want you to put it. I declined consent for a search, at which point they put hands on guns and ordered me out of the car. They spent about an hour tossing everything they could remove into the ditch. There are some real top to bottom jerks around with badges, and with those folks, knowing your rights is effectively meaningless.

tptacek 8y ago
Did you follow up on this with the department?
- jasonwatkinspdx 8y ago
  I called their precinct, got told to go pound sand in not so many words.
- anigbrowl 8y ago
  People who have had their rights infringed shouldn't be asked to invest more of their time and/or money in procedural wrangling with diminishing probabilities of restitution for their original injury. there are strong correlations between biased enforcement and biased litigation outcomes, and that doctrine of qualified immunity virtually guarantees litigation will be highly asymmetrical from the outset.
  - tptacek 8y ago
    I asked him "if", not "to".
    - anigbrowl 8y ago
      OK, but questions like that are freighted with 'should' whether or not you said so.
      - tptacek 8y ago
        I don't know what the particular rhetorical dance I need to enact in order to ask that question positively rather than normatively is so I'm just going to disregard that problem.

newman8r 8y ago

I really shouldn't have. Don't underestimate your ability to make irrational decisions when you feel panicked. There wasn't anything illegal and they let me go on my way. I was kind of frazzled after I told them I had a medical marijuana recommendation and they told me it was illegal federally. I didn't even know I was at a border control checkpoint at first, I took a wrong turn about 50 miles away from the border in San Diego county. They said they weren't looking for weed, but obviously they can and will lie as needed. my reasoning at the time (panicked) was that there was a small chance I might have had cannabis in the car. There was a dog alerting to the car, and I assumed it meant they'd end up searching it even without my consent. I believed them when they said they weren't looking for weed, but I also believed that if I denied consent to search and they searched anyway, if they found weed they were more likely charge me, as opposed to just letting me go if I cooperated and all they found was weed. So that was my flawed logic. I know it's always best not to consent, but I kind of panicked and gave consent anyway. Turns out the dog was alerting to my legal prescription medication.