aye, what ididar said. ;)
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"Mind if we search your home without a warrant?"
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 Afmo |
#21 | ||||
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Posts: 2496 02-13-08 9:40 AM
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Likezoz Tittays |
#22 | ||||
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Posts: 299 02-13-08 5:13 PM Community Member |
It's super easy to deal with these types of situations... Funny you mention that, because it's not always the case. We got pulled over on my Birthday leaving TGI Fridays. After my friend who was driving, he was the DD because it was my 21st and I didn't even drink alot because we ate dinner with my mom, declined to let the officer search the car he was put through field sobrietey tests, breathalized, and then the cop told him that if he didn't let him search the car he would find a way to search the car and there would be trouble, whatever the fuck that means. Now let me preface the next part by saying, Cody's Jetta is probably one of the most cluttered cars I've ever been in, mail and envelops all over the floor, bottles, cans, backpacks, clothes, wires, etc. He just simply spends most of his time either working and going to school or driving. After being harassed for about 45 minutes Cody finally let the cop search his car, by this time the cop had also called 2 back up patrol cars to come. So now we have 4 cops searching a car,throwing shit on the ground and I was really surpised someone had pulled out a knife and ripped the seats up. The cops found an old envelope that was stuck to a can and stained that had the tiniest most dried up piece of weed in it. The cop blew up and jumped all over him for it and in all honesty was something that Cody lost in his car weeks ago and forgot about. After a huge bitchfest from the cop he gave Cody his ticket and we were on our way, obviously this pretty much ruined our night. A couple weeks later Cody got a letter in the mail from the DA dropping the charge. The strange part was the was no reason why the charges were being dropped only that if anything happens down the road relating to the charge to keep the letter as confirmation the charges were dropped. You probably don't care or wanted to hear my story but, from my experience, the cops will do anything they can to find something to give you a ticket for or be able to send you to jail it seems alot of the time. This wasn't the first time something like this has happened to me, but definatly the most memorable of cops being dicks. I don't even live in a City, this happened in Southern Maine just outside of Portland. Oh yea, the reason we got pulled over? My friend was on his Cell Phone sitting at a stop sign, the cop that pulled us over did not have a blinker on so he waited for him to pass, the cop stopped motioned for us to pull out, pulled a u-turn and pulled us over. Being on your Cell Phone while driving in Maine is not against the law. |
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Blackedward |
#23 | ||||
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Posts: 2447 02-13-08 5:47 PM |
One's car and one's home are two different animals when it comes to legal/illegal searches.
-Ed |
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Federiko EQ |
#24 | ||||
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Posts: 3383 02-13-08 5:58 PM You can never have too |
Why?
I've refused a car search before and after a bit of insinuation that I had obviously had something to hide, it was dropped. The only times they can't search without consent or a warrant is when they see something in plain view or if they need to search for objects related to the probable cause for pulling you over. In my case, there were no objects related to my expired emissions sticker... so no, I didn't allow them to start combing through my shit. |
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Blackedward |
#25 | ||||
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Posts: 2447 02-13-08 6:03 PM |
If I recall a vehicle on public roads is not covered by the Fourth Amendment of the U.S. Bill of Rights.
-Ed |
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Federiko EQ |
#26 | ||||
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Posts: 3383 02-13-08 6:30 PM You can never have too |
The 4th Amendment still applies to cars.
They could always find something to arrest you for prior to conducting a search but otherwise unless there's something in plain sight, or again it's something related to the reason they pulled you over, they'd need your consent first. I see no reason to willingly give up your rights unless absolutely necessary. |
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Blackedward |
#27 | ||||
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Posts: 2447 02-13-08 7:15 PM |
Not in the same way that it does private homes.
There is less of an expectation of privacy in a vehicle. Either way...I still think "no" is the correct response for an unreasonable, unwarranted search of my home. -Ed |
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Afmo |
#28 | ||||
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Posts: 2496 02-13-08 7:20 PM
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yes, i get that....but the line for abuse is razor thin. what if a cop shows up at someone's door and says "we need to search your home for illegal
guns, can we come in?" is just one of the myriad ways that people could mis-understand that they do have a choice. If a cop says they "need" to
search your home, people may not know they have a choice.
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Federiko EQ |
#29 | ||||
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Posts: 3383 02-13-08 7:46 PM You can never have too |
Either way...I still think "no" is the correct response for an unreasonable, unwarranted search of my home.Do you think 'yes' is the correct response for an unreasonable, unwarranted search of your car? You don't have a right to privacy in a car in that you can't have sex in your vehicle and be surprised when you're arrested for public indecency, but this notion that cops are somehow immune from respecting a person's 4th Amendment rights just because their car is on a public road is completely false. They need probable cause. That cause can come in the form of a smell or contraband in plain view but it still needs to be there. Wearing a turban or being black doesn't count. |
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Vydas |
#30 | ||||
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Posts: 353 02-13-08 8:04 PM |
I live in Boston.
Krey Krey can search whatever he wants, whenever he wants. Other than that, the answer is 'No'. |
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Blackedward |
#31 | ||||
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Posts: 2447 02-14-08 1:45 AM |
You don't have a right to privacy in a car in that you can't have sex in your vehicle and be surprised when you're arrested for public indecency, but this notion that cops are somehow immune from respecting a person's 4th Amendment rights just because their car is on a public road is completely false. They need probable cause. That cause can come in the form of a smell or contraband in plain view but it still needs to be there.It is less "strict" for a vehicle. Meaning authorities have more "latitude" concerning search thresholds than they do regarding entering one's home. That is what I have been arguing for the last three posts. Wearing a turban or being brown or pink or yellow in skin tone is irrelevant in my opinion. In one's home a warrant to enter under such circumstances as outlined in this thread would be required...absolutely...again. I do not recall when the U.S. Bill of Rights was first covered during school but I would hope that folks were aware of at least those basics. Where did we get crossed up Fed? -Ed |
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Kreyson |
#32 | ||||
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Posts: 1278 02-16-08 5:56 PM |
I'll be the first to admit, as I see it firsthand, that many police manipulate their requests for searches to seem more of a requirement. I'll also be
the first to admit that I will do it too, but only in situations where I have a legitimate reason to search.
For example, on a car search; I suspect something fishy (stoners, thugs, skaters, midgets). I say something like "Would you mind if I searched your vehicle?" They say "No sir". I say "Ok, carry on stoner". I don't give a shit. I asked, they said no. It's over. I don't make it personal, unlike many coppers. Now if I suspected a trunk full of dope, a dead body, guns, etc. I'd be turning up the intimidation factor and I'd say something like "I need to search the vehicle. Sign this form". House searches are a different subject, but my approach is the same. Although I do agree that the mere presence of police knocking on your door asking to search your house is intimidating. I have no interest in intimating innocent people. In that respect, I do have reserve about those random searches. |
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Kreyson |
#33 | ||||
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Posts: 1278 02-16-08 6:00 PM |
Vy, I'll take that post as a signed consent you randy girl!
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 Cafu07 |
#34 | ||||
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Posts: 2131 02-17-08 1:15 PM |
I find it hard to believe that you are all still so concerned with this requirement to get a warrant before searches. We are living in a post-9/11 world here
people. What if the car or home in question had a nuclear bomb about to destroy one of our major cities? Would you make Jack Bauer wait for a search
warrant? If you side with the people willing to put restrictions on our law enforcements' ability to do their jobs you are siding with the terrorists.
It's pure treason.
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marthisdil |
#35 | ||||
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Posts: 710 02-17-08 1:37 PM |
Afmo wrote: Nope - if a cop were to some to my front door right now and say they would like to search for <insert whatever here>, and didn't have a warrant, it's my right to tell him no, and he cannot force his way in and do so without some very serious ramifications. If they want to go to the trouble of getting a warrant and doing it, more power to em. I also am for a DNA database that is fed when children are born, so everyone can be kept up with. Would help solve a bunch of issues. I'm also for real-id (or whatever). I know there's a ton of folks who are scared of that crap...But, no, doesn't concern me - if they wish to waste time going door to door in a neighborhood, let em. It will have it's own ramifications. And again, as I said, you can always say "no, you may not enter my house, thank you officer" and shut the door.
www.keepersofthefaith.org
marthisdil@gmail.com |
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marthisdil |
#36 | ||||
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Posts: 710 02-17-08 1:41 PM |
Federiko EQ wrote: You are right. However, it's very easy for a cop to justify looking inside your vehicle, with the exception of your glove compartment or your trunk,
where you can expect privacy. They pull you over, say "sir, please step out of your vehicle, and then they can look in each and every window to their
hearts content. Can even look inside via the opened door if they so choose. If they don't have probable cause to search your glove compartment or your
trunk, tho, I believe they are not able to do that.
www.keepersofthefaith.org
marthisdil@gmail.com |
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Likezoz Tittays |
#37 | ||||
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Posts: 299 02-18-08 11:47 AM Community Member |
If they don't have probable cause to search your glove compartment or your trunk, tho, I believe they are not able to do that. I'm not sure about other states, but I know in Maine if your trunk or glove box is unlocked they can throw your shit all over the place, then when they are done tell you that it's ok to clean up the mess they made. |
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Vydas |
#38 | ||||
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Posts: 353 03-05-08 11:54 AM |
Perhaps a sorry upshot (so to speak):
http://www.boston.com/news/local/articles/2008/03/04/pair_disguised_as_police_robbing_houses/?rss_id=Boston.com+--+Local+news |
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colt74 |
#39 | ||||
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Posts: 24 03-05-08 4:43 PM |
I have 2 schools of thought on this. On the one hand...I know how good it could be for some of the worst neighborhoods in the city. I currently live near
Baltimore and have for a long time, so I know first hand how bad it can get in bad neighborhoods. I do think this would do us some good, as it could be a fast
solution to cleaning up. But I think word would get around fast you don't have to let them in.
However that said, it does sound like they are trying to take advantage of a lack of education on the matter, and that sort of manipulation to me sort of reeks of some sort of corrupt policy. |
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Aielman KajiraLiege |
#40 | ||||
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Posts: 4788 03-05-08 4:53 PM |
Federiko EQ wrote: A cop can bring a drug dog out to your car if you refuse to allow a search and if the dog gets a hit, it's probable cause to search, at least in this state (i've actually seen them do it on Cops a few times...so it's in other states too). You can't do that in a house to my knowledge, so there's a definite difference between how the 4th is observed. peace, Aielman "Bush said that he now believes in Global warming...as a result...I'm not sure
anymore." - Lewis Black
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