Bartholomew Roberts
Moderator
Recently a motorist was pulled over and the officer made repeated (6) requests to search the car where the motorist did not give consent; but did not deny it either. Finally the officer asked "“Do you mind if I look?” To which, the motorist answered “yes” and "I guess" according to the officer. Upon so replying, motorist was ordered to exit the car and the car was searched.
The Amarillo appeals court held that answering "Yes" to the question "Do you mind if I look?" means that the motorist did indeed mind if the officer looked and as a result, the car cannot be searched.
All in all, an interesting case and a good example that the words you choose can be important in legal situations.
Good discussion of the case over at the Volokh Conspiracy:
http://volokh.com/2010/02/10/do-you-mind-if-i-look/
The Amarillo appeals court held that answering "Yes" to the question "Do you mind if I look?" means that the motorist did indeed mind if the officer looked and as a result, the car cannot be searched.
All in all, an interesting case and a good example that the words you choose can be important in legal situations.
Good discussion of the case over at the Volokh Conspiracy:
http://volokh.com/2010/02/10/do-you-mind-if-i-look/