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Thread: What is the most constructive way to refuse a search without PC?

  1. #1
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    What is the most constructive way to refuse a search without PC?

    I assume you've all seen this on the news today?

    Police Stop, Handcuff Every Adult at Intersection in Search for Bank Robber
    “Most of the adults were handcuffed, then were told what was going on and were asked for permission to search the car,” Fania said. “They all granted permission, and once nothing was found in their cars, they were un-handcuffed.”
    The search lasted between an hour and a half and two hours, and it wasn’t until the final car was searched that police apprehended the suspect.
    http://abcnews.go.com/blogs/headline...r-bank-robber/

    There's just no way in Hades that I'd politely consent to being cuffed and searched in these circumstances. In front of my kids
    What is the most constructive way for an armed citizen to refuse to submit to such a violation of the 4th Amendment?

    I am in NO WAY suggesting to use force in this situation, just pointing out the potential for misinterpretation of being in possession of a gun.
    I can imagine bad things while ID-ing myself as CC in this situation.
    How do you do this delicately, to avoid having LE draw on you while they are hunting for an armed robber?

    I'm sure someone will quickly point out that I am mistaken and tell me why this detainment did not violate the 4th Amendment.
    Won't be the first time I've not had my facts straight. I'm all ears.
    Last edited by RoyGBiv; 06-05-2012 at 03:05 PM.
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  2. #2
    Member VolGrad's Avatar
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    "No sir, I do not grant you permission to search me or my vehicle. Am I free to go?"
    ... followed by ...
    "No sir, I have nothing to hide. If you feel differently please feel free to obtain a warrant. Until that time .... Am I free to go?"
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  3. #3
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    Quote Originally Posted by RoyGBiv View Post
    I assume you've all seen this on the news today?

    Police Stop, Handcuff Every Adult at Intersection in Search for Bank Robber

    http://abcnews.go.com/blogs/headline...r-bank-robber/

    There's just no way in Hades that I'd politely consent to being cuffed and searched in these circumstances. In front of my kids
    What is the most constructive way for an armed citizen to refuse to submit to such a violation of the 4th Amendment?

    I can imagine bad things while ID-ing myself as CC in this situation.
    How do you do this delicately, to avoid having LE draw on you while they are hunting for an armed robber?

    I'm sure someone will quickly point out that I am mistaken and tell me why this detainment did not violate the 4th Amendment.
    Won't be the first time I've not had my facts straight. I'm all ears.

    In a situation when the police are detaining everyone due to having some fear of a bank robbery suspect heading "That Way!!" - be polite, calm, and have all your paperwork with you.

    Shut up, do not consent to any searches, and ask if you are free to leave. If you are not, ask for a lawyer.

    If asked, id yourself, provide proof of your ID and just wait them out. Eventually they will kick the matter to a superior on sceen, and you will have to make your decision at that time as to how cooperative you want to be.

    Just understand, your recourse is mostly judicial...and after the incident.

    At the car stop, the police are in control. Period.
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  4. #4
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    From listening to the article, the police may have made a correct choice under the circumstances.

    Depending on the info they had, and the risk involved, the detention may have, in fact, been reasonable, and the searches, depending on what was searched and why, may have been reasoanble as well.

    Extreme case.

    Don't read more into it than actually exists.
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  5. #5
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    If your unlucky enought to fit the description of the bank robber and especially if you are wearing clothes similar to the suspect, all bets are off. Don't expect a polite responce if you disobey their commands.
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  6. #6
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    Quote Originally Posted by secondstoryguy View Post
    If your unlucky enought to fit the description of the bank robber and especially if you are wearing clothes similar to the suspect, all bets are off. Don't expect a polite responce if you disobey their commands.
    No description....
    “We didn’t have a description, didn’t know race or gender or anything, so a split-second decision was made to stop all the cars at that intersection, and search for the armed robber,” Aurora police Officer Frank Fania told ABC News.
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  7. #7
    Member SecondsCount's Avatar
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    Pull me out of the car and put handcuffs on me when I am completely innocent? I don't think so.
    -Seconds Count. Misses Don't-
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  8. #8
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    "No, I don't consent to the search. But I certainly won't resist or even complain if you'd like me to sit on the curb while we wait for a warrant."

    BTW, I said something very similar during the Beltway Sniper investigation when the feds asked me to surrender my AR voluntarily for testing. I told them no, but if they got a warrant I'd let them take it with absolutely no problem on my end.
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  9. #9
    Quote Originally Posted by RoyGBiv View Post
    No description....
    Frankly, every time something like this happens in the future EVERY person that was detained (let alone cuffed and searched) without PC needs to sue the cop, their department, and anyone else they can sue. If enough people would do this, cops might think about actually respecting the law.
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  10. #10
    Quote Originally Posted by Mitchell, Esq. View Post
    From listening to the article, the police may have made a correct choice under the circumstances.

    Depending on the info they had, and the risk involved, the detention may have, in fact, been reasonable, and the searches, depending on what was searched and why, may have been reasoanble as well.

    Extreme case.

    Don't read more into it than actually exists.
    +1 that's the way it goes
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