Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: zeugma

If the statute regarding “stop lamp” was from a period when cars only had one “lamp”, I don’t think this decision was incorrect.

The driver was stupid to consent to a search.


3 posted on 12/15/2014 10:14:53 AM PST by SeaHawkFan
[ Post Reply | Private Reply | To 1 | View Replies ]


To: SeaHawkFan

true, but then the officer should not have the authority to ask to do so in the first place.


6 posted on 12/15/2014 10:22:13 AM PST by txnativegop (Tired of liberals, even a few in my own family.)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: SeaHawkFan

Here’s how cops get consent:

“Now I can get search warrant. We’ll both be sitting here an extra hour and be in the same boat. And five other officers and a police dog will rip your car up. You consenting or not?”


11 posted on 12/15/2014 10:32:18 AM PST by TigerClaws
[ Post Reply | Private Reply | To 3 | View Replies ]

To: SeaHawkFan
The driver was stupid to consent to a search.

On that we absolutely agree. However since the pretext for the stop was not legal, anything arising from it was tainted. The court seems to be unaware of the term "testilying".

12 posted on 12/15/2014 10:35:10 AM PST by zeugma (The act of observing disturbs the observed.)
[ Post Reply | Private Reply | To 3 | View Replies ]

To: SeaHawkFan
became suspicious of the actions of the two occupants and their answers to his questions

OK, so, "Profiling".

This guy fit a profile (I dunno what, I'm not a cop), so the cop found a reason to pull the car over. Asked the occupants a few questions, determined that he was right about his assumption, asked to search the car (the owner consented - dumb), and poof, a Cocaine bust.

Defendant sounds like a whitebread college prof. Wonder what the other guy in the car looked like. I'll go out on a limb and guess, "Definitively Not".

If this happened on I-85 in NC, that's a massive drug pipeline. That's a missing piece, right there.

Lessons learned? Don't traffic cocaine. Don't give police permission to search your vehicle.

Fred Reed wrote an interesting piece on this.

22 posted on 12/15/2014 11:02:13 AM PST by wbill
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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