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618

Smell of burnt cannabis alone no longer justifies a police search of a vehicle, Illinois Supreme Court rules (www.chicagotribune.com)

submitted 1 month ago by gAlienLifeform@lemmy.world to c/news@lemmy.world

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Archived at https://web.archive.org/web/20240920014357/https://www.chicagotribune.com/2024/09/19/smell-of-burnt-cannabis-alone-no-longer-justifies-a-police-search-of-a-vehicle-illinois-supreme-court-rules/

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[–] thessnake03@lemmy.world 21 points 1 month ago (2 children)

"Am I being detained?"

"I do not consent to any search of my person or property."

"I am exercising my right to remain silent."

"I will not answer any further questions without an attorney present."

[–] Nougat@fedia.io 18 points 1 month ago

These should all be burned into everyone's brain (even if some shitheads have made "Am I being detained?" into a joke, it is still valid).

With regard to refusing to answer questions and searches:

Your right to remain silent must be actively expressed in order to exercise it. Simply being silent without active verbal exercise of that right can be interpreted as "confrontational behavior."
Depending on the circumstances, there are some questions that you are obliged to answer. If you are driving a car, you are required to produce your driver's license. You may be required to identify yourself with name and birthdate, even if you are not driving a car.
There are a couple of different kinds of search. One kind is a "pat down." This is where the officer is allowed to feel over your clothes (not inside pockets) to check for weapons, and this generally does not require any probable cause or reasonable suspicion. Any other kind of search of person or property does require probable cause, or comes after an arrest. "I do not consent to any search." If the officer is asking for your consent, they don't have cause (yet).
Be aware that you are only required to be Mirandized if the police are going to ask you questions about whatever situation they have you as a suspect or person of interest in. But you always have those rights, whether they have been read to you or not, and police may ask you questions which are "adjacent" to the situation without Mirandizing you - in the hopes that you simply offer incriminating information.

If the police want to talk to you, it's Shut the Fuck Up Day.

[–] RubberElectrons@lemmy.world 9 points 1 month ago* (last edited 1 month ago)

Don't forget, ridiculous as it is, you have to say "my attorney", based on https://reason.com/2011/03/08/tennessee-cops-posed-as-a-defe/