When is it OK to consent to a police search of your home?

Discussion in 'Civil Rights & Privacy' started by Mike, Jul 14, 2012.

  1. Mike

    Mike Founding Member Coach

    Popular wisdom around here is "no, never", but this might get you thinking:

    JD Journal: Lawyer and Wife Plant Drugs on their Kid’s Teacher

    Far be it for a lawyer to tamper with evidence, let alone plant it. But that is allegedly the case with Kent Wycliffe Easter, 38, and his wife Jill Bjorkholm Easter, 38, who were arrested Tuesday on charges with conspiracy to procure the false arrest of the elementary-school parent volunteer who they thought was doing a bad job watching their boy.

    This all went down in 2011, when on Feb. 16, Kent drove to the volunteer’s house and planted in her unlocked car a bag of Vicodin, Percocet, marijuana, and a marijuana pipe behind her driver’s seat. After the woman, Kelli Peters, went to school to do her duty, Kent made a phone call with fake name and number to report his concern for a woman’s erratic driving and the drugs he had spotted in her back seat.

    Police arrived on the scene and confirmed the presence of drugs, arresting Peters, but after investigation, locating her as teaching at the time of the phone call, and finding her house, after she submitted to a search, free of drugs.

    If your answer is still "no, never", how would you handle this situation?
     
  2. nachtnebel

    nachtnebel Original Member

    These two lawyers seem like great candidates for the TSA legal staff
     
  3. Frank

    Frank Original Member

    The answer is still "never" in these times when a cop can get a search warrant after the fact.
     
    Elizabeth Conley likes this.
  4. Mike

    Mike Founding Member Coach

    But what if they don't and just haul your (expletive deleted) off to jail?

    The purpose of getting the search warrant and searching your house is to find MORE drugs so they throw more charges at you.

    Supposes the cop is having a lazy day and just want to go trout fishing and is more than content to book you on what he found in the car? It's off to jail you go, hi ho, hi ho. By refusing the search you probably made it a lot harder to extricate yourself later.
     
  5. Frank

    Frank Original Member

    The purpose of the search is to find ANYTHING to use against you. Or plant it so it can be used later when they do get the warrant.

    Standing on your rights is still the best way to go. Any decent lawyer is going to tell you this. This lady is damn lucky she was dealing with cops who had a modicum of self-respect.
     
    Elizabeth Conley likes this.
  6. nachtnebel

    nachtnebel Original Member

    They arrested the victim and had her in jail. I'm not sure what her assent bought her. What if the two creep lawyers had planted more stuff at her house?
     
    Elizabeth Conley likes this.
  7. Elizabeth Conley

    Elizabeth Conley Original Member

    If you KNOW you're not guilty of any crime, and police want to search your house, then you have immediate reason to suspect that they're there to plant evidence or find planted evidence.

    No way would I let them in.
     
    DeafBlonde, jtodd and Monica47 like this.

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