If you are pulled over and an officer says “I won’t find anything ifI search your car will I?” and you say no but he searches anyway, is that giving him your consent to search?

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If you are pulled over and an officer says “I won’t find anything ifI search your car will I?” and you say no but he searches anyway, is that giving him your consent to search?

Was pulled over and items were found. I never gave consent. Trial is over, pending sentencing. Trying to throw out the items for illegal search. Judge will consider if we show case specifically addressing this phrase. Can you help me?

Asked on November 8, 2011 under Criminal Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written in your question you did not give consent to law enforcement to search your vehicle. You simply answered the question with a "no" answer.

In order for the law enforcement officer to have searched your vehicle absent consent by you he or she must have seen something in plain view to have generated a concern that a crime had occurred or there was some other evidence warranting a belief that you committed a crime warranting the search of your vehicle.

If you do not have a criminal defense attorney representing you in this matter, you should consult with one. Good luck.


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