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Old 05-17-2012, 03:18 PM   #15
Alan Roehrich
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Default Re: DOT/State Police @ Topeka

You can refuse to give consent to a search. If you do, the officer has a couple of choices. He can get a warrant, or he can do the search on the basis of probable cause. Or, he might even let you go. A search without consent and without a warrant can be problematic for them, as if no probable cause can be shown, nothing they find is admissible in court, meaning there is no evidence.

Just be aware that creating an adversarial environment with law enforcement is a lot like doing the same thing with a tech official. They probably can find something if they want to and they look. When they do, the consequences are likely to be a lot worse.

As the man says, you pays your money and you takes your chances. You will want to retain a lawyer, and you will hope you can afford one who is better in court than they are.
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