Secret Compartment in auto ILLEGAL - man arrested

[sudden valley gunner]

Trust a carpenter to notice the ramifications of something out-of-plumb.


Of course, for myself, I always have trouble with people leaning the bar on me. And, the floor. And, the walls...

I have lots of odd, small hidden compartments in my vehicle ... an I sometime had "drugs" in them ... now I'm screwed I guess ..

Better change the registration to the wife's name huh?

Trying to kill two birds with one stone?

 

[DocWalker]

If I was more mechanically savvy I would outfit a car with wires coming out of all types of places without actually having secret compartments. It would drive the officers wild....

Pull that one...nothing………. Dam

What about that one....dam nothing again?

We could play this game for hours while rapist and murders get away with real crimes.

 

[JoeSparky]

Book'im Draino, charge him with obstruction!

Not an "obstruction" merely a STONE!

 

[rscottie]

The law already requires knowledge of the compartment and its use to traffic in contraband.

So when Grandma buys a used car that has a hidden compartment that was once used to carry drugs, she will not be bothered if she says she knew nothing about it?

Ok, perhaps.

But, what about a young 20 year old that buys his first car which happens to be used and it contains a hidden compartment used previously for carrying drugs that the car dealer knew about but did not inform him about and he gets pulled over in a bad neighborhood?

Will the cops believe he is not running drugs?

How much money is he going to have to spend to beat the rap?

 

[eye95]

So when Grandma buys a used car that has a hidden compartment that was once used to carry drugs, she will not be bothered if she says she knew nothing about it?

Ok, perhaps.

But, what about a young 20 year old that buys his first car which happens to be used and it contains a hidden compartment used previously for carrying drugs that the car dealer knew about but did not inform him about and he gets pulled over in a bad neighborhood?

Will the cops believe he is not running drugs?

How much money is he going to have to spend to beat the rap?

I only spoke to what the law says. The possibility does exist that a cop, ignorant of the law (or not caring about following it) and willing to be a thug, can abuse any law to arrest grandma. If you know of such an instance, post it, and I will be appropriately outraged.

 

[color of law]

The BMV has jurisdiction over the motor vehicles. See Title [45] XLV MOTOR VEHICLES - AERONAUTICS – WATERCRAFT.

Under the law “Notice” is powerful.

If a notice is sent to the head of the BMV describing a compartment that is situated in the _________________ of the motor vehicle and in such a manner to lesson detection by unscrupulous and nefarious individuals. And if the notice informs the head of the BMV that the notice is to be kept on file in the BMV until such motor vehicle is no longer in the owners constructive possession.

Once the BMV is given notice of the location of the compartment it is no longer a "Hidden compartment."

JMO

 

[We-the-People]

Bad charge unless the police had some other suspicion relating to drug trafficking. As a stand-alone charge, it's going to be pretty tough to prove.

Based on the facts contained in this thread, I don't see a jury concluding beyond a reasonable doubt that this guy was into drug trafficking...in fact, a judge would be obligated to dismiss the charge absent evidence of such "intent."

So, this is either a wild overcharge or the police have the intent evidence (perhaps a prior bust? known drug-offender status?)

Citizen, I do not agree that a police officer observing ONLY AN EMPTY HIDDEN COMPARTMENT can refer to his "past experience and knowledge" with such compartments in order to meet even the probable cause standard. It's not even reasonable suspicion if you ask me. Police officers don't get to presume criminality when they are faced with one single element of a multi-element violation when that single element is lawful by itself...think about what that means for OPEN CARRY!!!!!!

This is similar to U.S. v. Black...when something is legal, an officer doesn't get to presume illegality just because it isn't common. If it's legal, it's legal. The compartment is only illegal when intended for use in drug trafficking...this is an add-on charge that should be leveled only at drug dealers and people who admit or otherwise exhibit the required intent.

Can you provide the full citation for U.S. v. Black? I can't seem to find what you're referring to about an officer no being able to "presume illegality" and it is relevant to a local issue that is currently being addressed. I know this is true, but I can't find the case precedent.

 

[eye95]

Black: http://www.ca4.uscourts.gov/opinions/Published/115084.p.pdf


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<o>

 

[We-the-People]

Black: http://www.ca4.uscourts.gov/opinions/Published/115084.p.pdf


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<o>

Thanks Eye, that was a good read. It sounded familiar but not like I'd read THAT decision before.

While I'm not in the 4th Circuit so it's not binding here in the 9th, it can be persuasive......and I will be using it in my arguments against the local ban that's being pushed by the anti's and Bloomberg's money.

 

[eye95]

The best thing about Black (IMO) is that it cites St. John v. McColley, giving that case weight.


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<o>

 

[We-the-People]

The best thing about Black (IMO) is that it cites St. John v. McColley, giving that case weight.


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<o>

Yeah, when I saw that I thought....KEWL St John is being cited. That's something that happens far too often and it's nice to have a cite. Had a guy here in town that had almost the exact thing happen to him. I cited it in my letter to the Police, Council, etc.

 

[eye95]

Yeah, when I saw that I thought....KEWL St John is being cited. That's something that happens far too often and it's nice to have a cite. Had a guy here in town that had almost the exact thing happen to him. I cited it in my letter to the Police, Council, etc.

I used St. John to convince the deputy chief and the city attorney in Montgomery that it was in the best interest of their officers that they be officially stopped from stopping OCers. It worked.

St. John is the ultimate solution to rogue-coppery. The payments need to get larger, and they need to come out of the cop's pockets without union or departmental reimbursement. If cops want to buy "malpractice" insurance, they should be able to. Of course, judgments against cops would cause their premiums to rise.

 

[Repeater]

FBI driving the hysteria?

The FBI sounds alarmist here. See the graphics!

Investigating and Prosecuting Hidden-Compartment Cases

Unfortunately, the legal tools available in charging cases involving hidden compartments are fairly limited. There is no federal statute specifically addressing the design, manufacture, or use of a trap, or, in the slang, clavo. Instead, charges at the federal level must be addressed through a statute dealing with drug paraphernalia.

Boo-Hoo.

Surprisingly, in light of the absence of an effective federal response for criminalizing the possession or use of a hide, a survey of existing state statutes reveals that only a small number of state legislatures have considered this significant problem and addressed it with legislation specific to the possession and use of hidden traps for transporting persons, controlled substances, and other contraband.

Gee.

Law enforcement agencies should investigate individuals or organizations constructing hides for numerous reasons. First, even if prosecution is unlikely, investigating hide installers can provide vital intelligence regarding drug trafficking organizations. Knowing which vehicles may contain hides affords law enforcement personnel the opportunity to focus their attention on individuals or organizations using those cars. This targeted approach allows for the better application of scarce police resources.

Second, investigating and prosecuting installers can contribute to the dismantling of drug trafficking organizations. Like money launderers, hide installers provide a vital service to drug traffickers. Not having the ability to securely conceal their wares may deter drug dealers from engaging in the enterprise. In addition, with a lack of adequate hides, law enforcement is more likely to discover contraband, thereby increasing the chance to make arrests.

Third, and most important, hides can be constructed to not only conceal drugs but also firearms, explosives, and even people. Therefore, investigating hidden compartment cases contributes to officers' safety by educating them as to the existence and location of hides. Being aware of hidden compartments, how they function, and what they contain allows officers to operate more safely during what they may consider an otherwise routine traffic stop or other investigation.

OMG!!

Investigating and prosecuting hidden compartment cases can enhance officer safety, provide valuable intelligence, and lead to the seizure of evidence or illegal items. As such, police administrators should implement policy that incorporates these types of investigations into their agency's anticrime and antidrug efforts. In addition, prosecutors should analyze extant laws and develop legal strategies that can be employed to investigate and charge such cases. A successful investigation can greatly inhibit those criminal elements who use hidden compartments to further their criminal activity.

Do tell. In this context, guns=evidence.

 

[MyWifeSaidYes]

...Do tell. In this context, guns=evidence.

Heh. Not in Ohio.

If your hide is for guns and there is no VISIBLE drug residue, no problem.