Coercion or not?
I know that the supreme court has ruled that when cops try to get someone to sign a voluntary search of them or their residence, it must be voluntary without coercion. Now I know the mere threat of getting a warrant is not coercion, but what if an officer tells you inside an interview room at the police station that if you do not sign a consent form, they will turn this interview into a detention and obtain a search warrant because they already have enough evidence. Now the threat of a warrant is OK but the threat of detaining you, that will definitely compel someone to sign a voluntary consent to search. Even if you have nothing to hide, because to be detained for a period of time is not a good thing no matter what the outcome is. Now I am 100 percent for the police, but would you want someone searching your house, guilty or not. I know the term if you have nothing to hide, it doesn't matter, but that not the point.
Answers:
I would first, not talk to the police without an attorney, secondly I would make them get the warrant, it they tell you that they will detain you and they find nothing, you have your attorney and may be able to file a law suit for false imprisonment.
Never sign away your rights, no matter what the threat is, they have to have reasonable cause to search and that reasonable cause must be sold to a judge.
That sounds very suspect.
Your word vs/ a cops word...sorry but I take the cops.
Being detained for a while shouldn't make somebody cave like that
If you are not hiding something. why not allow the search in your presence and if you are in doubt you let them secure first the necessary search warrant for searching your house for something which was stated on the search warrant. Things tht are not on the search warrant are not supposed to be included on the search.
jtm
Well, the police can out and out lie to you about anything to get you to confess to something. Period. However, I DO believe that if I don't have anything to hide, they can go through my underwear drawer if they want to! But, I would NEVER do anything without the presense of a lawyer. They know the law much better than the average person.
I do think, however, you may have a cause for concern here. Your best bet, period, is to contact an attorney ASAP. If this is a case of coercion, the police need to be held responsible if they have broken the law.
Good luck to ya.
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