Consent to Search in Various Forms

There are a variety of forms of consent to search involved in the Fourth Amendment to the United States Constitution. Often it all has to do with the initial conversations with law enforcement at the point of arrest or giving consent to a search that is not in best interest simply to appear friendly and helpful. There is a reason that they must have your consent to search – trust me on that – and it is never in your best interest to help them convict you. This form of consent most often leads to a plea deal of some sort.


If you seek a plea deal you should know that attorneys make deals – cops cannot. All that a law enforcement officer can do is gather evidence and arrest. There is no reason on earth to help them convict you in such an arrest as all this does is to help the officer earn points by adding to any initial evidence, if there was any. Some people convict themselves in their quest to appear helpful.

My father always taught me that if approached by law enforcement in any matter that pertains to me I should shut the hell up and not speak one word, other than to invoke my right to counsel. I have taught my son the same. Dad was career USAF and later worked as a contractor for the Department of Defense securing building materials from eavesdropping devices, so he knew what he was talking about.

Let's say that you are pulled-over on a traffic stop and the officer inserts the statement "You don't mind if I search your vehicle, do you? You don't have anything to hide, right?" What would you say or do? Well, nine out of ten Americans will feel intimidated and pressured and will cave to that pressure, even if they have good reason not to allow a search of their person or vehicle. Many figure that giving consent will help them in the end, but the opposite is true. I have taught my son to respond by stating that he has nothing to hide, but does NOT consent to any search. He should then follow-up by asking if he is under arrest or free to leave. If the response is that he is under arrest, he shouldn't say another word except to request to speak to legal counsel. If the response is anything else, he should repeat the question until it is answered appropriately.

Make sense so far?

Every single day I read about some idiot making a plea deal for ten, fifteen, or twenty years on a charge that shouldn't be to begin with or perhaps should be, but the truth has been skewed to the point that it's unrecognizable. People really feed the prison frenzy that exists in this country. Why do Americans want to lock people away in cages forever? Granted, there are some that belong in cages, though most do not fit the bill.

I am at a loss in understanding the lock-em-up mentality that I encounter everywhere here. I also cannot help but to believe that at least half of the country is on drugs – prescription drugs – that alter the ability to think.

My reasoning in writing this is my disappointment in the people for not asserting the rights that the Founding Fathers of the United States fought so hard for. I do have a Bachelor of Arts degree as a history major and the Fourth Amendment to the U.S. Constitution has always held serious interest for me.


Posts for the next couple of weeks will relate to the Fourth Amendment to the United States Constitution.

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