According to Florida v. Bostick, the Supreme Court ruled that consent to search must be voluntary, and a person's refusal to consent to a search can never be used against them; saying no to a search request is constitutional and never suspicious, regardless of how intimidating the officer's tone may seem.
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Can You Refuse a Pat-Down Search!? #police #lawyerAjouté :
But, what if a cop speaks to you in such a way that makes it seem like it wasn't really a question, but it was an ultimatum and command? That brings me to Florida versus Bostic, where the Supreme Court ruled that consent must be voluntary. The court asks, "Would a reasonable person in your position feel free to decline the officer?" And here's the most important part of all. Your refusal to give consent to search you can never be used against you. Let me say that again. If you refuse consent to a pat down, that refusal cannot be used by cops for any purpose whatsoever.
Saying no is never suspicious. It's constitutional. So, now you understand the trap, and now you know the law, and you know the cop's only asking you because he needs you to say yes.
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