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KevinP73 KevinP73 is offline
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Join Date: Feb 2002
Location: small farm town Iowa..........at last
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Quote:
Originally Posted by RWebb View Post
what? the defense? b/c you did not lie to the officer or give him that SSn as yours - note the use of a question.
I agree with your argument in regards to the use of the question but I'm not sure it would hold up in court. I was once asked for my consent to a search of my vehicle. (They ask on the pretense that if you have nothing to hide then you have no reason to not give consent) I declined to give my consent explaining that a duffel bag in the back seat contained my dirty laundry and that I would find it embarrassing to have the officer pawing thru my dirty laundry. The officer explained that he had no concern about my dirty laundry and assured me the utmost discretion would be displayed no matter what he were to find. I voiced my confidence in his ability to be professional in his discovery of my dirty laundry but I'd still find it embarassing and would rather not experience the discomfort especially knowing I had nothing to hide. It seemed like a valid argument to me but I lost in court. The court upheld the officers decision to search based on my refusal to give consent.
In your example you know what the officer is trying to do. Verify your identity. Giving him anything that you know won't result in that would be construed as a lie. Lieing to an officer is an offense in itself.
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Last edited by KevinP73; 06-01-2009 at 04:17 PM..
Old 06-01-2009, 03:59 PM
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