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Author Topic: Fun with the 4th Amendment!  (Read 1446 times)

Offline lukster

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Fun with the 4th Amendment!
« Reply #45 on: April 25, 2007, 10:47:54 PM »
It's a tough call imo, one size does not fit all. If the passenger is not an obvious accessory to the crime for which the vehicle was stopped and there is no evidence to indicate they may be hiding something illegal then they should not be subjected to a search without a warrant.

A couple of examples:

1. A stolen car is pulled over. Everyone in the car is a suspect and may be searched.

2. A car is pulled over for speeding and the driver appears intoxicated and the cop smells marijuana. The passenger should not be subjected to search without consent or a warrant.

My $.02
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Offline Hooligan

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« Reply #46 on: April 26, 2007, 01:43:56 AM »
So California is taking the position that passengers in the car are not "siezed" when it is pulled over.  How long will it take for the bad guys in California to figure out that the driver doesn't carry any bad stuff and everybody else runs from the car if it is pulled over?  In addition to violating individual rights, California's policy seems enormously stupid.
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Offline x0847Marine

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« Reply #47 on: April 26, 2007, 06:06:13 AM »
Quote
Originally posted by Hooligan
So California is taking the position that passengers in the car are not "siezed" when it is pulled over.  How long will it take for the bad guys in California to figure out that the driver doesn't carry any bad stuff and everybody else runs from the car if it is pulled over?  In addition to violating individual rights, California's policy seems enormously stupid.


Running from the car would be considered "unprovoked flight", which courts have held is enough PC to detain. Sometimes called "felony running".
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Offline Toad

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« Reply #48 on: April 26, 2007, 08:11:28 AM »
Would it be OK to just sorta amble away or would that be felony walking?

;)


PS: Hiya Hooli! Where ya been? Are you still flying AH?
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Offline FiLtH

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« Reply #49 on: April 26, 2007, 08:18:11 AM »
I feel that if I were an occupent of the car, and if I had drugs on me, I'd dump them under the seat and blame the driver. I shouldnt be arrested. They were in his car.
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~AoM~

Offline hyena426

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« Reply #50 on: April 26, 2007, 08:57:46 AM »
Quote
OR---------maybe, just maybe........they're doing their job  


not allways thou...i have a perfict driving record...and allways made sure my rigs are legal and i stay within the speed limits.i been pulled over proubly 10 times saying i was going a little fast {say 5 or 10 over }which is crap my car is on, i pass those cop speed carts and check my speedo with there lazer carts and its allways on.


just out 4x4'ing with some freinds. a older gray haired cop would see us out there and wave to us and we would keep cruzing around. we allways seen cops out there and was never worried we are legal all the way around. but some young cops came out there and stopped us and yelled we smell dope!! before they even made it too the truck. and we said whatever search us. they had us out and tore his rig up for a hour and then told us, well we were just checkin it out. alot of bad things happen out here like rape and theft. it was all a bunch of crap. we didnt have any dope and we were doing nothing wrong. but they had there hands on there guns and were ready to get some action on. lol

point is i got a spotless record and i get harassed time to time for no reason. but mostly by younger cops. the older cops seem to be much nicer lol can they pass a law that you can only be a cop if your 35 and older? hehe jk:P somtimes they are doing there job..somtimes there not!! and just tring to get some one in trouble for no reason at all.
« Last Edit: April 26, 2007, 09:00:47 AM by hyena426 »
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Offline Hooligan

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« Reply #51 on: April 26, 2007, 09:01:46 AM »
Heya Toad:

Naw I haven't flown AH for at least a couple of years.  But I occasionally drop by the bulliten board to watch lazs make people cry :).

Hooly
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Offline Toad

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« Reply #52 on: June 26, 2007, 10:35:02 AM »
Quote
Originally posted by Toad
I predict the SC will find for Brendlin as well and I think it will be a near majority.


Quote
Washington Post

A unanimous Supreme Court ruled yesterday that passengers in vehicles pulled over by the police have the same rights as drivers to challenge the legality of the traffic stop when it results in an arrest.



Woo-hoo! The SC sees it the way I did! They're pretty smart.
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If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Hap

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« Reply #53 on: June 26, 2007, 11:34:51 AM »
Search 'em all.  Anyone anytime.

Also, I'm all for profiling.  If someone looks askew, skew 'em.

Cop: Hey bud, can I see what's in your pockets?

Me:  Sure officer.

Do you guess the parabola rule holds?  1/3 obey the law.  1/3 disobey.  And the middle 1/3 break it as long as they think they can get away with it?

I've no idea.
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Offline Toad

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« Reply #54 on: June 26, 2007, 01:10:57 PM »
Selectively supporting the BoR, eh?
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If ye love wealth better than liberty, the tranquility of servitude than the animated contest of freedom, go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that you were our countrymen!

Offline Sundowner

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« Reply #55 on: June 26, 2007, 06:21:38 PM »
Quote
Originally posted by Toad
Woo-hoo! The SC sees it the way I did! They're pretty smart. [/QUOTE

Good call!:aok

Regards,
Sun
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