Posted on 01/16/2014 10:42:36 AM PST by Rusty0604
According to Filippidis and his wife, Kally, they noticed an unmarked patrol car tailing them while traveling for Christmas and a family wedding in Woodridge, N.J. He claims the police car stayed with them for ten minutes.
“We weren’t speeding. In fact, lots of other cars were whizzing past,” Filippidis told the Tampa Tribune.
Eventually, the car’s emergency lights came on and he pulled the car over. The officer was reportedly with the Transportation Authority Police, “Maryland’s version of the New York-New Jersey Port Authority,” according to the report.
It appears he was pulled over because of either an automated or manual random license-plate look-up by the cops, and when they did so his license was coded, as they all are, to show that he had a CCW permit.
There's nothing unlawful about having a CCW permit nor does it generate probable cause for a traffic stop. That doesn't matter in this case, because it did generate a traffic stop. And then the cop ultimately, when the driver says he doesn't have it with him and his wife (asked separately) doesn't know where it is, turns that stop into a full and complete search of the vehicle and everything in it.
The end result? No arrest or citation, but 90 minutes of being detained and searched.
(Excerpt) Read more at market-ticker.org ...
I agree.
I never applied for ‘permission’ to carry.
It would just put me on another list.
And if I have to ask permission, then my right has already been enfringed upon.
Good article. It is a grave mistake to let any law enforcement officer search your car, your home, or any of your belongings without a paper (viewable) signed search warrant. People need to be seriously disabused of the notion that you’re going to be a nice, good citizen and let the police search you, thinking, “What do I have to hide?”
Nonsense! No probable cause, no search warrant — NO SEARCH — ever!
When will people learn?
However, this same turd cops “don’t have the time” to chase down criminals who are living in this country illegally. They are too busy harassing law-abiding Americans. I’m getting sick of this crap. 90 minutes?
Just politely say no, followed by “lawyer” if it goes south.
Police State edges closer.
Ditto.
PLEASE do that to me! I would LOVE to cash in on a civil rights suit!
What would you have done differently?
I think there was just a court decision that a federal officer can do suspicionless search and seizure on any vehicle within a hundred miles of the border (which covers almost all of Florida). Extrapolation to State and Local officers should be easy in Court.
From:
http://conservativevideos.com/2013/07/what-to-do-when-you-get-pulled-over-dont-surrender-your-rights
Unfortunately, the majority of Americans do not know any of their rights, especially when it comes to a traffic stop. Here is a step by step guide on how to assert your constitutional rights and deal with police during a traffic stop. This article is for informational purposes only and is not legal advice.
1. ALWAYS turn off your vehicle and put both hands on the steering wheel after being pulled over. Do not roll your window down more than half way to avoid the officer sticking his noise in the car and claiming he smells something. If the officer demands you roll the window down all the way it may be a good decision to do so.
2. When the officer asks “why did I pull you over,” never give up your 5th amendment right by incriminating yourself. Never say something like “I think I was speeding.” There is no need to confess anything. If you can, ask why the officer pulled you over before he asks any questions.
3. If you are ever asked to step out of the vehicle, ALWAYS roll up your window, lock your door and close it behind you. If you leave the door wide open the officer is likely to use the opportunity to search.
4. An officer has a right to give you a pat-down for safety reasons once out of the vehicle, but you should NEVER CONSENT TO A POLICE SEARCH OF YOUR VEHICLE. Whether you are inside or now standing outside of your vehicle, the first thing you should say once an officer starts asking questions is “AM I BEING DETAINED OR AM I FREE TO GO?“
5. If the officer asks to search your vehicle your only answer should be “I DO NOT CONSENT TO ANY SEARCHES OFFICER.” The officer will do all he can to get you to waive your rights by threatening to call the K9 Unit. Despite the officer’s claims, refusing a search is NOT probable cause for the officer to search your vehicle. Unless an officer sees an illegal item in plain view or has a reasonable suspicion that there is something illegal in the car, he can’t search your vehicle. IF THEY HAVE TO ASK, THEY LIKELY DON’T HAVE PROBABLE CAUSE TO SEARCH. You have NOTHING to gain if you approve to a search.
6. No matter how much pressure an officer puts on you, continue asking “Am I being detained or am I free to go?” If the officer says your being detained, ask him what crime you have committed. If he doesn’t have an answer for you continue asking the question until you are told you are free to go.
7. Never get out of your vehicle unless instructed to do so. Never speak unless you need to. Never leave the scene until the officer grants you permission. Never touch an officer. ALWAYS film police encounters when you are able to. If an officer searches your vehicle illegally, remember all the details and file a complaint as soon as possible.
There you go. Good one.
On a side note, whenever I see a cop following me I pull off at the first opportunity. The reasons are many. It just prevents the type of stuff happening that happened to this family. It forces the cops hand too soon and they usually just drive on by as you pull off.
Arrested travel for 90 minutes is most definitely an arrest under color of authority, and in this case a highly illegal one.
>> automated license plate lookup
There goes any probable cause right out the window.
The search occurred in Maryland, about 1000miles from MD.
And accompanying lawsuit!!!
Don’t Talk to Police
http://www.youtube.com/watch?v=6wXkI4t7nuc
“Now, despite having fielded apologies from the officer’s captain as well as from a Maryland Transportation Authority Police internal affairs captain, John is wondering if he shouldn’t just cancel his CCW license.
For a guy who’s not looking for trouble, that’s not an unreasonable conclusion. And it would please fans of gun control by any means. But let’s hope John Filippidis, American family man, taxpayer and good guy, doesn’t cave, because it would be a sad statement about the brittleness of our guarantees — some would call them sacred — under the Constitution.”
That decision is limited to immigration issues, which means that border patrol can conduct checkpoints and stops to look at immigration status. It doesn’t mean they can search for contraband. It also doesn’t relief BP of the responsibility to adhere to the SCOTUS decision regarding search incident to arrest, which is supposed to limit fishing expeditions.
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