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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?

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“Look around” is pretty vague. I suggest you don’t say yes to that. :D

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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.

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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.

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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.

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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

 

Edited by Widder, SASS #59054
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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.

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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. 

Edited by Smoken D
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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.

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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.

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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.

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