Free Republic
Browse · Search
General/Chat
Topics · Post Article


1 posted on 02/22/2008 7:23:46 PM PST by DeLaine
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021 next last
To: DeLaine
Did the officer search the car?
Just go with him to court and challenge the ticket if you both feel it is unwarranted.
Otherwise pay the fine or schooling whatever your state offers. I cannot see that nervousness is grounds to search the car. The real question is why were there five cars and dogs, that part is confusing.
2 posted on 02/22/2008 7:31:20 PM PST by svcw (The main thing is to keep the main thing the main thing.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

There probably was none. It was just cops being cops and making up the law as they go.

Maybe it was a slow TV night or the donut shop was closed.

Hope your son’s alright. Few deserve to be rolled over by the police and I’m sure he isn’t on the list.


3 posted on 02/22/2008 7:32:50 PM PST by Filo (Darwin was right!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
If the your son has been "detained" with "reasonable articulable suspicion" of a crime (no blinker real or imaginary counts), anything he can immediately reach can be searched under the Terry Doctrine for the safety of the officer.

This includes a patdown and anything he can touch quickly. I.E. under the seat, the glovebox, etc.

It generally does not include zipped up backpacks and certainly not a locked briefcase where a person has a "reasonable expectation of privacy".

Always refuse a search but do not physically interfere when it occurs anyway.

For more details see "You and the Police!" by Boston T. Party.

Probable Cause is another matter.

5 posted on 02/22/2008 7:35:50 PM PST by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

Nervousness is not probable cause. Your son can be held ~45 minutes on RAS for a drug dog. If the dog indicates, they have probable cause to search. Some unscrupulous will wipe dope resin on a car in order to obtain PC.


7 posted on 02/22/2008 7:39:06 PM PST by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
I've already watched this and I highly recommend it.

BUSTED: The Citizen's Guide to Surviving Police Encounters

14 posted on 02/22/2008 7:53:46 PM PST by BufordP (Had Mexicans flown planes into the World Trade Center, Jorge Bush would have surrendered.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

Depends on the state. In some, the traffic stop acts as the probable cause.


16 posted on 02/22/2008 8:15:31 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Larry Lucido

ping


20 posted on 02/22/2008 8:28:50 PM PST by DeLaine
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
But is mere nervousness of a 17 yo young man really probable cause?

What race is your son?

24 posted on 02/22/2008 8:42:48 PM PST by LongElegantLegs (Kill them with kindness, then taser them for fun.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

Next time he should tell the officer that he is a Conservative Homeschooler and they will let him be on his way without a ticket or a search.


26 posted on 02/22/2008 8:46:25 PM PST by trumandogz ("He is erratic. He is hotheaded. He loses his temper and it worries me." Sen Cochran on McCain)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
There will be idiots on this thread who jump to conclusions without sufficient details.

Did the officers ask your son to consent to a search?

If yes, did he say "I do not consent" or words to that effect?

If yes, did the officers say: "I'm going to search anyway because I believe I have probable cause?"

Now probable cause is, legally, "a reasonable belief that a crime has been committed" - unless the officer can explain convincingly why he had a reasonable belief that your son had committed a crime, then a search without consent is a violation of your son's rights.

Moreover, he is a minor and I presume that the vehicle he was driving is in your name and not his.

Unless the officers were trying to argue that they were in imminent fear for their lives, they should not have touched your car or questioned your minor son further until you were present.

Please supply more details.

33 posted on 02/22/2008 9:55:34 PM PST by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

Any meth labs in that neighborhood?

I got a ticket for running a stop sign when I was 18. I fought it in court and got it dismissed because the judge knew the street and believed that the cop could be mistaken.


36 posted on 02/22/2008 10:09:23 PM PST by donna (The United States Constitution and the Koran are mutually exclusive.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Finny

mark this thread


38 posted on 02/22/2008 11:56:13 PM PST by Finny (Limited Government is Christian Morality's Best Friend -- The horse that pulls the cart.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

This wan an illegal search if you have given the whole story. You should sue.


41 posted on 02/23/2008 2:38:38 AM PST by John Robie
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
A conservative homeschooler. (now the LEO didn't know that, I understand that)

Should that make a difference?

43 posted on 02/23/2008 6:43:43 AM PST by humblegunner
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

You asked what the probable cause for the search was. It was based on the dog alerting on the car. There was nothing illegal about the search.


47 posted on 02/23/2008 7:02:47 AM PST by Guns are GOOD
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
Not going into the probable cause issue, but "It was dark, not even street lights in this area, but he saw this difficult-to-tell action in the dark," would imply he had his lights on and it would be obvious if he stopped or not.
52 posted on 02/23/2008 7:20:14 AM PST by SouthTexas (We are home.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
Pay the fine and move on. You'll both live and learn (about life not being fair).

However, it it were me, I'd write a letter-to-the-editor of your local trumpet, and let the police chief and mayor have it. Don't attack the cop or the force, it's counter-productive.

The chief, the cops and low-level hayseed politicians hate newspaper publicity worse than the Blue Plate Cafe being closed down for remodeling.

Leni

58 posted on 02/23/2008 7:46:55 AM PST by MinuteGal (Mitt and Fred are Still My Guys!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

It’s really surprising and sad to see so many posters here who automatically bash the police as the bad guys without having ALL of the facts and circumstances at hand.

Just scroll down and see how many are willing to fault the police here and advise how the driver should not have cooperated.

The inference is that most police are corrupt and a good citizen should never cooperate with police. No wonder our society is breaking apart at the seams and police are less likely than ever to even make a stop anymore for fear of more bashing by the citizens. I’d bide my time until retirement too having to work with citizens like these. Why bother. Police lose either way.


64 posted on 02/23/2008 11:27:13 AM PST by Joan Kerrey
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine

I suggest you do your own research or get help from others offline. Be very careful about taking legal advice from anonymous non-lawyer libertarians trying to make political points rather than provide candid, neutral advice.


73 posted on 02/23/2008 12:28:44 PM PST by Petronski (Nice job, Hillary. Now go home and get your shine box.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: DeLaine
What would be probable cause? (vanity)

Trust me on this one as one who knows this sort of thing very well.

There are plenty of cops, agents, deputies and worst of all...prosecutors...who will say what they need to say.

Not all but enough.

88 posted on 02/23/2008 2:46:06 PM PST by wardaddy (The fact that a radical like Obama can get nominated here makes me ashamed for my nation.)
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021 next last

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson