Exhibit 1: why it is a bad idea to consent to a search

I know this space is mostly reserved for a discussion of appellate decisions and permutations of various issues in criminal law, but this story just had to be addressed.  The Dayton Daily News ran a story about a gentleman who was arrested for possession of drugs and a weapon after he drove the victim of a shooting to the hospital for treatment.   You might ask your self; how did this happen?  Why did the police search the car of someone transporting a shooting victim to the hospital?  What grounds did they have?  Certainly there was no warrant, so there must have been one of the many exceptions invoked, right?  Well, the guy apparently consented. Yes, that’s right, this arrestee consented to a search of his car knowing full well that the car contained drugs and a gun.  I wish I could say this was an isolated incident of stupidity.  But, I cannot.  This happens all the time.  STOP CONSENTING TO A SEARCH WHEN YOU KNOW YOU HAVE SOMETHING THE POLICE WILL FIND INTERESTING.  

 

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