This goes against everything we teach about consensual encounters/searches at our academy.
In order for the person to give proper consent they must feel that they are free to leave PRIOR to being asked for consent. They are technically in your custody until you tell them that they are free to go, so you can't legitimately ask them for consent.
Otherwise they can say they felt that they couldn't leave because the business that was the basis of the stop to begin with was not concluded (i.e. officer still had license/registration or they were waiting to sign ticket or warning, etc...) and even though they didn't really want to give permission, they felt they didn't have a choice.
Quoted: Had a discussion with a few officers from a neighboring agency about when you should ask for permission to search a persons vehicle. Wether after the citation has been issued and the stop terminated or at 1st contact or sometime before the citations have been issued.
I found from these officers that it used to be their agency policy to ask to search after the citations were issued so that the person would be free to go. The agency has now thrown this policy out and has gone to the policy of asking before the citations so a 2nd officer would conduct the search while the 1st wrote the cites and stayed with the person. The reason for this was that apparently they had 2 cases thrown out because the court said that after the cites were issued the stop was over and the officer had no right to conduct the search even though the person had granted permission. They stated that everyhting should have been handled during the time needed for the traffic stop.
So I've been asking around and found that most officers do it the 1st way and wanted to get yalls opinions. Thanks.
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