Ep #405 Telling someone if consent is denied, K9 will be called

Roadside Chat: Telling someone if consent is denied, K9 will be called

In this video, Anthony Bandiero answers the question: Would telling someone what you could do prior to consent be considered coercion?

Vehicle passenger's consent to search of vehicle that was owned by his father and driven by his friend was voluntary following investigatory detention preceded by traffic stop; there was no evidence of police abuses, aggressive tactics, physical contact, or the use of physical restraints any time during the detention, passenger was advised that he was free to leave, passenger initially refused consent to search and such refusal was accepted without argument by officer, and officer merely explained that passenger could either consent or wait for drug-sniffing dog to arrive.
Com. v. Caban, 2012 PA Super 278, 60 A.3d 120 (2012)

An officer is free to inform a person that, in the event that consent is withheld, he will seek a search warrant.
State v. Berg, 223 Or. App. 387, 196 P.3d 547 (2008), opinion adhered to as modified on reconsideration, 228 Or. App. 754, 208 P.3d 1006 (2009)

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