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Twitch
Posts: 2211
Joined: Mon 27th Feb 2006 05:07 pm
Location: San Diego

Post by Twitch »

Ingwey Gooblebogger wrote:Hey guys!

Uhhh, this story seems somewhat fishy. :?

They have not eliminated any parts of the U.S. constitution lately, right? I mean, they might be able to ask you questions whilst pulled over in your car, but, unless, they clearly see an crime/criminal activity, then, without a warrant, any search and/or seizure amounts to an unlawful search and seizure.

Remember you should NEVER consent to a search and NEVER admit to anything prior to a search. If the cops do not have (or can not get) a search warrant, then after some pleantries, tell them to have a nice day and inform them that, unless they have any further LEGAL reasons to hold you, that you are proceding on your way. :)

If they think that they have a good cause/case, then then can call a judge and try to get the judge to give them a search warrant. If they can not make a reasonable prima facie case to the judge, then a warrant will not be issued. (However, they can, and often do, "judge shop", that is they try several judges until one of them will give them a warrant AND/OR they know some judges who will always cave-in to the cops.) BUT, I don't think they are going to go to that much trouble over a few joints.

A lot of judges would be pissed off if cops were always calling for warrants and very few of the resulting searches resulted in any charges.

I suspect that the reason the cops were "lenient" was because they knew that any half-decent lawyer would get any charges resulting from the seizure thrown out in a heartbeat. :wink:

Having said that , though, some cops can be nazi cunts (as in fuck the laws, I'll do what I want) so who knows maybe they would just shoot your ass and dump it in the woods.....no legal problems at all there.
A couple of corrections.
Not police, Border Patrol, which makes them Federal Agents
Like Sam said, the dog gave them the "probable cause " to search my car when he hit on it.
You're advise on how to handle them might have worked for me in the 60's, but......
They treated me with respect because I treated them with respect.


Old School and Proud of It.
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