Dr. Hess wrote: There's a thread on HDForums.com now concerning searches. So, if I understand this, if the thug with the gun says "May I look in your (trunk/car/back seat/saddlebag)?" then the correct answer at that point is "Am I free to leave?"
Please be advised that [disclaimer deleted].
The correct answer to "may I search [anything]" is always, always no. If they have probable cause they don't need permission. If they have permission, they don't need probable cause. If he's asking, he doesn't think he has probable cause. "Am I free to leave" will more-or-less work, but is the C- answer. The bummer is when the cop says you're free to leave, but the car/bike/whatever isn't until the sniffing dogs get there.
The "free to leave" thing is really more for interrogation. A custodial interrogation requires Mirandizing the detainee if what they say is to be used against them. One of the tricks is two or three cops surround a guy and start asking questions. When his lawyer moves to suppress the stupid things he said, the cops testify that he could've walked away; they weren't detaining him. Then you get into this he-said-she-said about whether the circumstances would make a reasonable person think he was free to leave. Asking flat out just eliminates all ambiguity.
By the way, Doc, that was an awesome disclaimer. You really ought to think about law school.
