tag:blogger.com,1999:blog-21633793.post4639894657642009069..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Scope of Consent (2)Susan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-21633793.post-5943626546970286272009-05-14T08:37:00.000-04:002009-05-14T08:37:00.000-04:00No problem . . . it can get confusing, keeping all...No problem . . . it can get confusing, keeping all of these "may I"s and "mind if I"s straight . . . which probably helps make my point.<br /><br />Thanks.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-71839758678133355602009-05-14T08:29:00.000-04:002009-05-14T08:29:00.000-04:00Oh, I see. My apologies, I somehow read the second...Oh, I see. My apologies, I somehow read the second-to-last paragraph as a new thought rather than a continuation of the previous paragraph's "mind if I search" example, causing me to incorrectly interpret "when the officer asks if he can search the car" as the officer literally asking "can I search your car." That's why I got confused--thanks for the explanation.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-89271901853508166182009-05-14T07:58:00.000-04:002009-05-14T07:58:00.000-04:00Sorry for mixing up my "mays" and "cans." And you...Sorry for mixing up my "mays" and "cans." And you're right -- there is a substantive difference between asking "may I" and "can I," and I can see how a suspect could exploit that difference in the scenario in which he says "yes" to a "can I" question. (Of course you can, I just don't want you to.)<br /><br />My point was that when an officer says "mind if I", he's not directly asking, "will you consent to my searching your car?" He's asking it indirectly, using a locution we're all familiar with (e.g., "mind if I sit here?"). The problem with that locution is that, as I said in the post, if the officer says to me, "Mind if I search your car?", my answer is at least arguably (for us lawyers, anyway) ambiguous, as I explained in the post.<br /><br />If you're at a conference and walk up to a table and say, "mind if I sit here?" and the person at the table says "yes," you know that yes is really a "no." The consequences of a mixup there are pretty minimal; if you don't understand that yes means no, you'll sit down and either be unwelcome or someone will clarify that they don't want you. The consequences of that kind of ambiguity can be used to argue that an officer did not actually have consent to search a car or other property.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-61638990852164522692009-05-13T07:25:00.000-04:002009-05-13T07:25:00.000-04:00Great article, but I lost you at the end.
How does...Great article, but I lost you at the end.<br />How does answering "Yes" to "Can I search your car" mean "Don't search the car"?<br />Unless you are referring to the difference between "Can I" and "May I", but then the next paragraph doesn't make sense because it uses "Can I."Anonymousnoreply@blogger.com