Venator wrote:
Watch COPS and see how many illegal searches they do. Also see how many times people allow the search. The LEOs are very good at intimidation and have tactics to get you to let them search. Often they have the door open and are sticking their heads or bodies in your vehicle as they ask the question "You don't mind if I search your vehicle" and don't wait for an answer.
I said it before and I'll say it again: Shows like COPS are great training tools. Whenever I see an episode, I put myself in the citizen's shoes and think of ways that I'd have responded.
You're right, Venator... most of the folks on that show simply turn themselves over.
"Do you mind if I search the vehicle?"
"Uh.. well... why do you wanna search my vehicle, officer?"
"Do you have something to hide?"
"Uh..."
"Look, if you lie to me, I can't help you. If you're honest with me, and all you have is a little bit of weed or something, I can help you. The worst thing you can do is lie to an officer. What do you have in your vehicle that you want to tell me about before I find it?"
"Well... I've got a joint in my ashtray."
Permission to search or not, the officer now has probable cause to search by the suspect admitting that they have illegal contraband in the vehicle.
I've seen it happen numerous times where the officers tell the suspects that if they are honest, they won't be in trouble... and yet they were arrested and charged anyway.
I know a girl who was recently pulled over for failure to use a turn signal. Upon pulling her over, the officer asked if she'd been drinking (it was late... prime drunk driving time). She said no. The officer asked her to perform a breathalyzer test. She passed. The officer then asked her to perform a field sobriety test. She passed. The officer then asked if he could search her vehicle. She allowed him to. He found prescription medication in her vehicle prescribed to her. She was arrested and charged with being overly medicated. As far as I'm aware, the charges against her were dropped.
Without trying to discount actual GOOD POLICE WORK and GOOD INVESTIGATION SKILLS, I cannot defend an officer who keeps pushing and pushing until they find SOMETHING to jam someone up for. My thing is this: You either have a reason to jam someone up, or you don't. You don't continue to push and push and push until you find SOMETHING that can be used against them. As I like to say: "The more you speak to an officer who has a hard on for you, the more opportunity you give them to find something to charge you with." Moral of the story: Keep your trap shut unless you really know what you're talking about. And refuse ALL searches at ALL times.
Some years ago, I got pulled over while driving down a residential street on a super rainy night. I don't know why I was pulled over. When the officer approached my window, he stuck a breathalyzer in my face and said, "Save us both a lot of time and just blow." Literally, that's the first thing he said to me. No "Driver's license, registration, proof of insurance"... no "The reason why I'm stopping you is..."... nothing. My response was equally simple: "I'll save us both some time and tell you that I haven't been drinking and that if you insist on compelling me to prove my sobriety, then I encourage you to arrest me as drunk per-se, take me to your station, and I'll submit to a chemical analysis there. But if you put me through all of that, you better hope that I AM drunk." He then asked me where I was going. So I pointed straight ahead and say, "That way." When I asked why I was pulled over, he just said "Have a good night" and walked away.
Back then, I was just learning to assert my rights so I was just happy to be left alone. Today, I wouldn't be satisfied with just that. I would want to know WHY I was being stopped and questioned, and if no valid reason were given, I would file a formal complaint. Even some police (not all) need to be policed. Checks and balances... and all that jazz.
If we have so many gun lobbyests (sp?) and organizationswhy can't we get this license stuff taken out of the bill.