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Old 12-28-2011, 01:48 PM
Patch Patch is offline
Join Date: Aug 2005
Location: In my house
Posts: 1,636
Originally Posted by Wesley Clark View Post
It was my understanding that the police were well trained in tricking and intimidating people out of using their 4th and 5th amendment rights. I believe judges and prosecutors use tricks to stop people from using their 6th amendment rights (if you want a trial, you are going to get a more severe penalty, etc). It is a messed up situation IMO. One of the few times intimidation and trickery can be used to deny people their rights.

I don't know if lying and saying you have a warrant would be legal though. However if the cops says it then lies about having never said it later, it is the cops word against a civilian in court.
The book Tactics for Criminal Patrol by Charles Remsberg has an interesting section on how to get consent from drivers to search their vehicles. He notes (emphasis his),

Consent must be asked for and granted when a "reasonable person would believe he is legally free to disregard further contact with you and leave your presence." In other words, your request must be posed when the suspect is in what could flippantly be called a 'screw you' period.

Legally this period begins when you have concluded the reason for the stop... and have returned his license, registration, insurance card, and any other documents... You may want to mark the end of your official detention by saying casually, as a throw away line: "Okay you're free to go; have a safe trip," as you hand him your papers... But the US Supreme Court says such notice is not required... These courts presume that a reasonable citizen knows that constitutionally he does not have to remain once the purpose for the stop is ended.
Remsberg recommends continuing to talk to the driver so they won't realize they have the option to leave.

Technically, you've confirmed that he's agreeable to talking to you. Your tone conveys that you're posing a strictly routing, even stupid question to which you are of course expecting a negative answer. hen the driver says, "No, then casually but quickly pop the $64,000 question:

"Well, you wouldn't mind if I took a look, would you?"

This phrasing, to, employs psychology in your favor. The implication is that the subject will look guilty if he does mind. An assumption is built into the question. It's psychologically harder to decline than a straight-forward:" Can I search your car?"
He goes on to recommend to obtain consent from people who aren't inclined to consent, how you can search if you don't have consent, and recommended tools to dismantle vehicles during your search.

has it right. Say "You do NOT have permission to search my vehicle," and leave as soon as you get your paperwork back.