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To: Mr Rogers

But is this case consent to search was denied.

How long does the denial last, One second after he is removed?

- Bad ruling on rights. I would rather the guilty go free sometimes than have fundamental rights eroded.


22 posted on 02/25/2014 5:22:59 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Triple

Exactly. And in today’s law enforcement climate, YOU are guilty of SOME crime. All that has to be done is find you in violation of some obscure law, and voila, arrest!


25 posted on 02/25/2014 5:25:40 PM PST by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Triple

The ruling deals with that issue. But frankly, as long as one of the legal occupants agrees, then what basis is there for rejecting a search of common areas? If someone with authority to say, “Come on in” says, “Come on in”, then what is the problem?

Don’t like it? Live by yourself.


27 posted on 02/25/2014 5:26:49 PM PST by Mr Rogers (I sooooo miss America!)
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To: Triple
But is this case consent to search was denied.

Exactly. That is where I think the Court got this particular case wrong. The guy objected to the search. The cops knew he objected to the search. The cops arrested the guy, and removed him from the premises. Once they removed him (and his objection) from the premises, they proceeded to search, still knowing that he objected to the search.

Under those facts, calling the search a "consent" search seems an awful stretch, to me at least. Particularly since, once the guy was arrested, the risk of evidence destruction was nil, and they could have easily gotten a warrant to search the premises.

47 posted on 02/25/2014 5:44:05 PM PST by Conscience of a Conservative
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