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TX7: Consent invalid: ?Would you mind if I search?? is different from ?May I search?? in analyzing voluntariness

By John Wesley Hall, Jr.

Defendant’s consent was invalid. He was asked for consent six times while he was sitting in his car, but he was equivocal or refused. The questions to him were loaded: “Would you mind if I search?” is different from “May I search?” in analyzing voluntariness. Meekins v. State, 2009 Tex. App. LEXIS 9617 (Tex. App.—Amarillo December 17, 2009): As previously described, the video of the stop revealed that Williams asked for consent about six times. Appellant's first five replies to those solicitations were evasive and so much so that they resulted in the officer informing him that the inquiry was a "yes or no question." The officer's desire to hear a "yes" or "no" answer continued until appellant said "yes" or "I guess" to the last solicitation...continue to full post

Full post as published by Fourth Amendment on January 20, 2010 (boomark / email).