Alpo Posted October 8, 2020 Share Posted October 8, 2020 If the cop asks if he can come in, and you let him, and then he asks if you mind if he looks around, and you tell him okay, can he open cabinet doors, or move your dirty clothes off the couch to see what might be underneath them? Link to comment Share on other sites More sharing options...
Waymore Loco Posted October 8, 2020 Share Posted October 8, 2020 One would think. Link to comment Share on other sites More sharing options...
John Barleycorn, SASS #76982 Posted October 8, 2020 Share Posted October 8, 2020 Permission can be given and taken. You can stop it at any point. Here’s a thought. Politely say no, you’ll need a warrant. Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted October 8, 2020 Share Posted October 8, 2020 “Look around” is pretty vague. I suggest you don’t say yes to that. Link to comment Share on other sites More sharing options...
Marshal Hangtree Posted October 8, 2020 Share Posted October 8, 2020 10 hours ago, John Barleycorn, SASS #76982 said: Permission can be given and taken. You can stop it at any point. Here’s a thought. Politely say no, you’ll need a warrant. Bingo. That's the entire situation in a nut shell, folks. Link to comment Share on other sites More sharing options...
Smuteye John SASS#24774 Posted October 8, 2020 Share Posted October 8, 2020 10 hours ago, John Barleycorn, SASS #76982 said: Permission can be given and taken. You can stop it at any point. Here’s a thought. Politely say no, you’ll need a warrant. You can also limit the scope ("yes, but you can't go into that room."), time and even the number of searchers. It's a consensual search and your consent can be revoked at any time and for any- or no- reason. If they want to be in control of the search, then they can go to a judge and get a warrant that makes them in charge. Link to comment Share on other sites More sharing options...
Muleshoe Bill SASS #67022 Posted October 8, 2020 Share Posted October 8, 2020 Silly silly to say yes. Link to comment Share on other sites More sharing options...
Smoky Pistols Posted October 8, 2020 Share Posted October 8, 2020 Never consent, you open up too many options. They can use what they see as probable cause to obtain a warrant for a specific search. Link to comment Share on other sites More sharing options...
Joke 'um Posted October 8, 2020 Share Posted October 8, 2020 Any bedouin would tell you, never let the camel's nose into the tent. Link to comment Share on other sites More sharing options...
Smuteye John SASS#24774 Posted October 8, 2020 Share Posted October 8, 2020 In these days of body cams, you just let him 'take a look around' and record your entire premises. A polite, NO, is the order of the day. Link to comment Share on other sites More sharing options...
Widder, SASS #59054 Posted October 8, 2020 Share Posted October 8, 2020 If the LEO ask: 'Do you mind if I look around' You reply: 'NO' (implying that you don't mind if they look around) You have basically given the LEO permission to look around because of the nature in which the question was ask and then answered. If the LEO ask: 'Can I look around' You reply: 'NO' You have denied the LEO permission to look around. Be very specific in your communications..... "I do not want anyone looking around my property without a proper search warrant". ..........Widder Link to comment Share on other sites More sharing options...
Alpo Posted October 8, 2020 Author Share Posted October 8, 2020 4 minutes ago, Widder, SASS #59054 said: Be very specific in your communications..... "I do not want anyone looking around my property with a proper search warrant". Don't you mean "without"? If we are being specific. Link to comment Share on other sites More sharing options...
Widder, SASS #59054 Posted October 8, 2020 Share Posted October 8, 2020 Thanks Alpo. I fixed it. My fingers type faster than my brain can think..... ..........Widder Link to comment Share on other sites More sharing options...
Smoken D Posted October 9, 2020 Share Posted October 9, 2020 The cop asked if he could LOOK AROUND. The scope of the search would only be valid with items that could be seen. Anything obtained from moving or opening is beyond the scope of the original request, LOOK AROUND. Thus any item seized from the search of moving, opening is not admissible. Link to comment Share on other sites More sharing options...
Cyrus Cassidy #45437 Posted October 9, 2020 Share Posted October 9, 2020 23 hours ago, John Barleycorn, SASS #76982 said: Permission can be given and taken. You can stop it at any point. Here’s a thought. Politely say no, you’ll need a warrant. 12 hours ago, Smuteye John SASS#24774 said: You can also limit the scope ("yes, but you can't go into that room."), time and even the number of searchers. It's a consensual search and your consent can be revoked at any time and for any- or no- reason. If they want to be in control of the search, then they can go to a judge and get a warrant that makes them in charge. All true. I've actually had someone say that very thing while grinning ear to ear. He was a known gang member and drug dealer. Take a wild guess what was in the bag he wouldn't let me search? I don't know. I couldn't search it. Link to comment Share on other sites More sharing options...
Smuteye John SASS#24774 Posted October 9, 2020 Share Posted October 9, 2020 3 hours ago, Smoken D said: The cop asked if he could LOOK AROUND. The scope of the search would only be valid with items that could be seen. Anything obtained from moving or opening is beyond the scope of the original request, LOOK AROUND. Thus any item seized from the search of moving, opening is not admissible. Anything that falls under that scope would be covered by Plain View. All he's getting is the ability to walk around in rooms other than the one he as already gained acces to. Link to comment Share on other sites More sharing options...
Smuteye John SASS#24774 Posted October 9, 2020 Share Posted October 9, 2020 42 minutes ago, Cyrus Cassidy #45437 said: All true. I've actually had someone say that very thing while grinning ear to ear. He was a known gang member and drug dealer. Take a wild guess what was in the bag he wouldn't let me search? I don't know. I couldn't search it. Cocky. I hope he got his comeuppance later. Link to comment Share on other sites More sharing options...
Cyrus Cassidy #45437 Posted October 9, 2020 Share Posted October 9, 2020 2 minutes ago, Smuteye John SASS#24774 said: Cocky. I hope he got his comeuppance later. I think I arrested him three or four times in my career, including for drugs, so...yeah... Link to comment Share on other sites More sharing options...
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