Posted: Tue 23rd Mar 2010 11:48 pm
A couple of corrections.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.![]()
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.
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.