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"Stop, Don’t Consent to that Search!”
EdNews.org ^ | November 28, 2007 | Carrie Latabia Jones

Posted on 11/29/2007 6:38:28 AM PST by Sopater

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To: jiggyboy
A corollary to this is that after you refuse to consent to a search, they might try the old "well then we'll have to wait here for an hour or so while we get the canine unit" (or some other more-official sounding "authority") routine.

I actually oppose that too, because if he can force you to wait for longer than it takes to complete a simple conversation, you're being detained, which again he can't do without PC. I know this isn't current law, but I think current law is incorrect.

I think there are also practical problems with canine searches as well. We've all heard stories that a canine can be made to "alert", either by an evidence plant, a plant of a chemical extract of the thing they're trained to alert to, the handler may know how to make them do it, or bottom line, it's the police who make the call whether the dog has "alerted" or not anyway. There needs to be some accountability/traceability to this to prevent it from being used to steal peoples civil rights.

281 posted on 12/03/2007 4:44:53 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: absolootezer0

If the cop believed your explanation, why did it even become a court matter? What a moron. (The cop, not you)


282 posted on 12/03/2007 4:51:41 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Dave in Eugene of all places; Gay State Conservative
A dash video is useful for exposing bad conduct on either side, but the problem is you don't have possession of it, and agency policy will likely make it as difficult as the law allows for you to obtain it.

Since they have control of the video, it should be made mandatory for them to produce it in all actions that spring from a traffic stop. If they can't produce it, you're dismissed with prejudice. That way, it would eliminate the incentive for the tape to disappear or the machine to have technical problems, but only if it helps you, and when it helps them, they have no trouble finding it at all.

283 posted on 12/03/2007 5:01:46 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Ramius
I think it's just hysterical that so many "conservatives" hate law enforcement so bitterly, yet will probably still claim that they support law and order. Kinda funny, that.

I think it's hysterical that you think it's hysterical. Or perhaps you're right and "conservatives" isn't the right word for Freepers. "Free" and "Republic" both sound to me like a society in which the citizen has supremacy over the government except in the most stringently defined areas, and one in which the FREE citizen is EXPECTED to be constantly vigilant for government agents overstepping the bounds WE have laid out for them. Go back and read the founding documents again to try to understand the feelings the founders held about government as an institution.

284 posted on 12/03/2007 5:14:52 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: SubGeniusX
False, refusing consent is not in and of it self probable cause. This has been determined by the courts.

You have to be careful what you write. Those two sentences together come off like the Second Amendment! It would still not be probable cause, even if the courts had ruled otherwise. ;-)

285 posted on 12/03/2007 5:39:42 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: NavVet

If the cop asks for permission to search he intends to search.


286 posted on 12/03/2007 5:40:36 AM PST by arthurus (Better to fight them OVER THERE than to have to fight them OVER HERE!)
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To: Dionysius; Rb ver. 2.0
By the way, how can you you deem Constitutional rights so sacrosant when Abortion on Demand has been given such status?

Ahem. I think he was talking about REAL Consitutional rights. Are you aware of the difference?

SCOTUS justices aren't omniscient, nor do they have the power of actually inserting in COTUS something which is not there, even though people are obliged to act as if they could. The Constitution says what it says.

287 posted on 12/03/2007 5:44:12 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Dionysius; Rb ver. 2.0

I can’t believe you actually think that if SCOTUS can manage to legalize something on imaginary Constitutional grounds, the rest of us should immediately forget Amendments 1-10. You must be having a bad day.


288 posted on 12/03/2007 5:46:14 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: gitmo
Are you saying if you have a weapon in plain sight it is a concealed weapon, but if you place it in a box or hide it in the trunk it is NOT a concealed weapon???

pretty much, yup. like i said, stupid MI laws. our bladed weapon laws are idiotic.
289 posted on 12/03/2007 6:03:34 AM PST by absolootezer0 (white male christian hetero married gun toting SUV driving motorcycle riding conservative smoker)
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To: BnBlFlag

illegal to carry or transport openly. you can buy them, own them, etc. but if you want to move it, hide it in your trunk.


290 posted on 12/03/2007 6:04:37 AM PST by absolootezer0 (white male christian hetero married gun toting SUV driving motorcycle riding conservative smoker)
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To: Still Thinking

i’m not sure. i guess it was an “ignorance is not an excuse” type of thing.


291 posted on 12/03/2007 6:07:53 AM PST by absolootezer0 (white male christian hetero married gun toting SUV driving motorcycle riding conservative smoker)
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To: Ramius

“There’s a clear hatred for cops in general. It couldn’t ~be~ more obvious”

You need to return to the post office and have them re-boot the chip in your head. Don’t stand so close to the microwave when you are zapping that lunchtime burrito next time.


292 posted on 12/03/2007 6:21:33 AM PST by RFEngineer
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To: elkfersupper
Fools, all of them.

Some would think so.

293 posted on 12/03/2007 6:31:18 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: NavVet
The fact that most posters seem to equate cops with ?Jack booted thugs? is very disturbing healthy.

I freely grant you that most cops are fine upstanding people. But they do work for the government and government is an institution our Founders regarded with suspicion at best. So cops, like any other government employee, must have their feet held to the fire at all times. If they can accept the job on those terms, I salute their selflessness and their calling.

294 posted on 12/03/2007 6:35:24 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Ramius
You could post a story about cops that acted most professionally, thoroughly respectful and within the law and there would be the dependable cop-haters still show up. Every time.

You don't see a lot of postings like that because they are not news.

But those of us who believe all our rights are inalienable are here and ready to point out when people's rights are violated and rightfully bash those doing the violating. Call us what you want, we're not going anywhere.

295 posted on 12/03/2007 6:37:06 AM PST by Clinging Bitterly (Oregon - a pro-militia and firearms state that looks just like Afghanistan .)
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To: Dave in Eugene of all places

Dang... I guess I really touched a nerve there.


296 posted on 12/03/2007 6:44:52 AM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Ghost of Philip Marlowe

So now there is a legal duty to maintain your vehicle free of all hazards to dogs just in case someday the cops get a whim to violate your civil rights during a stop?


297 posted on 12/03/2007 6:48:18 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: Sopater

Respectfully, I must disagree. The parents did try to retain control of the situation. Your post seems to be based on a lack of familiarity with ‘mens rea’. Given the parental efort, they demonstrated an intent to comply with the law.

That some kids managed to smuggle in drugs and booze is meaningless, given the well known fact that even prisons have a problem with contraband.

Have you considered that perhaps government should not be given such broad powers that parents trying to exercise control can be billed $100,000 in legal fees because they were no more successful in spotting contraband than prison officials?

Could you perhaps be an attorney? Otherwise I must ask why you so readliy accept the $100,000 ‘fee’ as being acceptable?

Just wondering.


298 posted on 12/03/2007 6:50:03 AM PST by GladesGuru (In a society predicated upon freedom, it is essential to examine principle)
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To: Ramius

One alternative is to force agencies, and their “swarms of officers”, complete with the multitude of laws and regulations which empower them, back into the carefully crafted confines of the Constitution.

PS How about de-mythologizing the cops? Theirs isn’t not a job that even made the 10 Most Dangerous Occupations list.

If the Media doesn’t make a big deal of a logger or fisherman or construction worker killed on the job, why hte hue and cry whem a cop is killed?

Could it be that a media known for socialist tendencies wants a police state?

Just wondering.


299 posted on 12/03/2007 6:55:05 AM PST by GladesGuru (In a society predicated upon freedom, it is essential to examine principle)
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To: Beelzebubba
Cops should be allowed no more privileges, especially with respect to arms, than ordinary citizens.

As government employees and their salaries being drawn from teh productive portion of the economy they should actually have a little LESS rights than we do.

300 posted on 12/03/2007 6:56:55 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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