Q: If police search my person after I denied consent wouldn't that then be illegal search?1
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A:
When police search you after you've denied consent, whether or not the search is legal depends on the circumstances. If they have probable cause, a valid search warrant, or if certain exceptions apply, like exigent circumstances, the search may still be lawful. Just refusing consent does not always stop them from conducting the search.
There are situations where police can search without consent, such as during an arrest, when evidence is in plain view, or if they believe there's an immediate threat. It’s important to know that even if you refuse, some searches are legally allowed based on the situation.
If you feel the search was unjustified or unlawful, it’s helpful to stay calm and not resist. Instead, you can challenge the search later in court, where a judge can determine if it violated your rights.
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