Quote:
Originally Posted by wutamess
So that isn't the same as... Police get a report about someone smoking weed in a car and when they get to the car they see a pipe? They still have to ask permission? I'd still be innocent for illegal search and seizure. Notice noone's pissing a fit about it other than the owner?
Furthermore, if the cop had to ask permission I'd gladly decline.
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In fact, it isn't. A car constitutes a legal contingency allowing for a warrantless search.
A back-yard more than likely does not. Cops could walk into houses all the time without a warrant for drug arrests under your set of rules. Yet they don't because they law does not allow it.
It lets some dealers off the hook, but it's a sacrifice we as a society have made in exchange for our liberties...i.e. not getting our dogs shot.
You are essentially espousing a police-state. Like I said, you really should send a few bucks Barack's way; this is some seriously scary shit you are suggesting.
As for your right to decline - that's absolutely what you should do. At that point the officer either needs probable cause to arrest you and conduct a search incident to arrest, or he can go get his search warrant. These are the rules in this country and I'm pretty happy we have them.