In this case handed down today:
United States v. Rodriquez - filed October 5, 2006
Full text at Click here
The United States Court of Appeals for the Ninth Circuit affirmed that the police tactic of "telling an individual that if did not give consent to a search, they would secure the premises and get then get a warrant" as a means of getting coercing an individual into gving consent was valid because it was not done in a "threatening manner" and the police did not have their guns drawn.
You have got to be kidding me!
When police are standing around you, demanding consent, whether or not their guns are pointing directly at you, you feel threatened!!!
Second, they just told you that your refusing to consent would be futile because they would secure the premises and get a warrant, so what would be the point of refusing consent? This is coercion folks!!!
I really wonder if the judges think about these things. I think they envision the police these days are like Andy Griffith or Don Knotts.
Thursday, October 05, 2006
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