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Amtrak Passenger Upset By Early Morning Questioning (5 a.m., sleeping cars, warrantless search)
WOWT-TV Omaha ^ | March 8, 2011 | Mike Mcknight

Posted on 03/09/2011 12:05:35 PM PST by CedarDave

A Chicago-bound businessman traveling in an Amtrak sleeping car didn't expect to wake up in Omaha. That's where plain clothes Nebraska State Patrol Investigators boarded and knocked on the doors of four first-class passengers.

Greg Travis of Bloomington, Indiana said, "It was a loud knock followed by questions. 'Where are you going! Who did you visit!' They shined a flashlight and I was in my pajamas."

Travis said he saw two other groggy passengers in his sleeping car also talking to the investigators. "If I had my wits about me, I might have said, 'No I don't want you looking through my dirty underwear.'"

Travis consented to a baggage search.

Nebraska State Troopers have often entered Amtrak trains to check out certain passengers.

Lt Scott Kracl said, "It's very professional. They don't bang on doors. They identify themselves and they tell the passenger they're not under arrest they just want to talk to them."

The Patrol won't reveal what triggers a red flag to check out a passenger. Typically they are looking for drugs, weapons or a wanted person.

(Excerpt) Read more at wowt.com ...


TOPICS: Crime/Corruption; Government; US: Nebraska
KEYWORDS: 4thamendment; amtrak; fourthamendment
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To: CedarDave

Questions: Where are you going? Who did you visit?
Answer: Step off asshole............


41 posted on 03/09/2011 1:53:14 PM PST by SECURE AMERICA
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To: USNBandit
"don't be shocked if they call for a dog. "
and i do not give you dog permission to search me or my possessions either. if the dog continues, attorney and supreme court will be the next destination. If the dog works for the police, then the dog works for the government. That means that he also has to have a warrant.
42 posted on 03/09/2011 2:02:38 PM PST by joe fonebone (Project Gunwalker, this will make watergate look like the warm up band......)
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To: joe fonebone
"don't be shocked if they call for a dog. " and i do not give you dog permission to search me or my possessions either. if the dog continues, attorney and supreme court will be the next destination. If the dog works for the police, then the dog works for the government. That means that he also has to have a warrant.

I think that a dog hitting on a bag after sniffing baggage has already been determined to be legal probable cause. Heck, I've had my truck sniffed at a border patrol stop (they sniffed all vehicles passing through) and no doubt have had my bag sniffed while in the luggage rack on Amtrak.

43 posted on 03/09/2011 2:13:14 PM PST by CedarDave (Global warming is to today's science as was the sun moving around the earth in Galileo's time)
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To: CedarDave

People, we have met the enemy, and he is us.


44 posted on 03/09/2011 2:18:58 PM PST by Sarajevo (You're jealous because the voices only talk to me.)
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To: Captain Jack Aubrey
"I don’t believe that a warrant is required on a train. I know it is not required on a boat. Not required on a car if probable cause exists to believe a crime has been committed."

"I think I smell marijuana. Step out of the car please."

45 posted on 03/09/2011 2:27:59 PM PST by GourmetDan (Eccl 10:2 - The heart of the wise inclines to the right, but the heart of the fool to the left.)
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To: Emo4SC

Driving is a priviledge, flying is a priviledge, train riding is a priviledge, boat riding is a priviledge. Pretty soon walking in public will also be a priviledge.


46 posted on 03/09/2011 4:12:47 PM PST by castlegreyskull
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To: napscoordinator

You prolly want them to extend that to private homes. Just pick a morning, 5am, and go house to house, door to door, and tear the houses apart, looking for contraband. No search warrant needed, because if they’re not hiding anything, why should they object?!

You’d love, huh?

Ed


47 posted on 03/09/2011 5:04:09 PM PST by Sir_Ed
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To: Captain Jack Aubrey

Warrants are not required on a a boat? So if I’m on a boat to Catalina or the Bahamas they can search me, my luggage, pat me down, whenever they want?

Ed


48 posted on 03/09/2011 5:06:08 PM PST by Sir_Ed
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To: Crcl1

“There is sauerkraut in my lederhosen.”


49 posted on 03/09/2011 5:09:58 PM PST by dfwgator
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To: Truth29
So how do you fight them?

Explaining how you fight them will get you kicked off this site. Use your imagination, and see if you can come up with a way for a free man to respond.

50 posted on 03/09/2011 5:25:47 PM PST by zeugma (Ad Majorem Dei Gloriam)
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To: napscoordinator
I like this as long as they are respectful. Why not see if anybody has a bomb or explosives on board. 5 am is a perfect time due to the surprise element.

Thank God you're in the minority here. 

51 posted on 03/09/2011 5:28:20 PM PST by zeugma (Ad Majorem Dei Gloriam)
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To: USNBandit
"If you don't give consent, they can bring a dog, but making you miss your train would exceed their authority to conduct an investigation.

That amount of time is a grey area in the courts, but making you have to wait a day/days for another train would definitely exceed that."

Especialy when they can run anyone through NCIC and have an answer in minutes at the most.

52 posted on 03/09/2011 5:54:39 PM PST by Dust in the Wind (U S Troops Rock)
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To: Truth29
So how do you fight them? They didn't even provide proper ID. They could be anybody.

Proper response: "Until you provide proper ID showing that you are indeed officers, I have the right to consider you as being pranksters on a mission from Howard Stern".

53 posted on 03/09/2011 6:00:08 PM PST by PapaBear3625 ("It is only when we've lost everything, that we are free to do anything" -- Fight Club)
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To: CedarDave
There are some subtle legal differences here. I'm not the guy that writes the precedence so don't shoot the messenger.

A border patrol checkpoint has been upheld by courts as a legal means to determine the citizenship of people traveling close to the border.

When you pull up to the checkpoint and they run a dog around your vehicle that is not considered a search, by the courts. If the dog hits that is PC to search your vehicle under the mobile conveyance exception to the 4th amendment warrant requirement.

For the person on a train, IF having law enforcement on the train is considered legal (I don't know) then use of a dog doesn't require a warrant because the courts don't consider a dog a search of that bag.

54 posted on 03/09/2011 8:12:01 PM PST by USNBandit (sarcasm engaged at all times)
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To: joe fonebone
That means that he also has to have a warrant.

Before you flame in response, remember I don't write the laws.

That being said, courts don't consider a dog as a search. Law enforcement don't need a warrant to run a dog on your bag, or around your car.

55 posted on 03/09/2011 8:21:30 PM PST by USNBandit (sarcasm engaged at all times)
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To: dfwgator

“I know a little German...”


56 posted on 03/09/2011 9:20:41 PM PST by Crcl1
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To: Crcl1
“I know a little German...”

He's right over there


57 posted on 03/09/2011 9:24:15 PM PST by dfwgator
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To: dfwgator

I surrender! I stand in the presence of greatness!


58 posted on 03/09/2011 9:28:28 PM PST by Crcl1
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To: USNBandit

I once took Greyhound from Iowa to Las Vegas (a hideous mistake). On the way back, the bus was stopped and searched. This appeared to be planned, as the bus made an unscheduled stop in a parking lot without having been pursued in any way.

Anyway, about a half dozen officers came onto the bus; about the same amount pulled all of the luggage from under the bus and searched it. Now, the ones inside were searching carry-on bags; they did ask to search them...non-complying passengers were hauled off of the bus and did not reboard when the bus left. I looked so completely out of place apparently, that they looked at me and said “is that your bag?” When I said yes...they just went on and did not ask to search it.

This was about 12 years ago. I thought it was odd at the time; Greyhound obviously consented prior to event.


59 posted on 03/09/2011 9:43:36 PM PST by garandgal
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To: garandgal
I once took Greyhound from Iowa to Las Vegas

Mass transit to and from Vegas is often scary. I can't imagine Greyhound.

Don't ever make the mistake I made and take a red-eye out of Vegas. An absolute circus full of freaks.

60 posted on 03/10/2011 1:28:04 AM PST by USNBandit (sarcasm engaged at all times)
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