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Comment by yardie | Hacker News Reader

Don’t consent to a search, ever. Even if they say they have probable cause. Even if you actually did what they accuse you of. A good attorney may be able to get the evidence tossed from an unconstitutional search. But the best attorney can’t get anything done if you consent. And if you allow a search and they plant evidence you’re really pushing a rock up a hill.

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If you are black, and you don't consent to a search, you are probably getting arrested for "resisting arrest" (I've had it happen to a friend). It's a lose-lose situation.

They can decide to arrest you for resisting arrest?

They can decide to murder you for allegedly resisting arrest. The list of people killed by police for no reason without anything happening to the cop is not short enough.

I've had friends consent to a search to avoid a $120 speeding ticket. I've also had a friend consent to a search. They found a seed of marijuana in his backseat (probably left behind by another friend). And used that as evidence to hit them for further charges.

Honestly, if I was black, I would just lay down with my hands behind my back anytime I was asked to be searched and never consent. It's certainly a rights violation, but I'd rather fight an illegal search/seizure case than a resisting arrest case. If they want to arrest you, they will, and I'd rather make that as easy as possible.

However, since I'm white and relatively well off, I'll try my chances with talking my way out of the search.

They will simply beat you while shouting "STOP RESISTING ARREST"; do you really think it's that simple?

> I would just lay down with my hands behind my back anytime I was asked to be searched and never consent.

You uh... Really think that's gonna work? At all?

If anyone reads the parent here and doesn't agree then watch "You Have the Right to Remain Innocent" by James Duane.

https://www.youtube.com/watch?v=-FENubmZGj8

Out of curiosity, how would you prove you didn't give consent? Can't the cop just say you did?

They can certainly say you consented. But most likely it's going to get recorded. If it's not recorded and the LEO had a body cam the DA, judge, and potential jury are going to start questioning the LEO why. That takes the heat off the defendant and puts the entire case into question.

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