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I have a topic that really does not fit in any categories in the forums, so I put it here.
I recently used my Constitutional 4th amendment right not because I have something to hide or because I was doing anything wrong, but because I felt like it and was going to be late for work. I was sitting at a stoplight. A police car stopped behind me at the light. Commonly what officers do in my town when they are stuck at a light is to run the license plate and records of the people directly in front of them just to see what they can ticket/arrest them for. And the police in this town love to do searches. After years of putting up with this, wasting my time with searches that never yield anything because I don't carry contraband, I did something different. Mind you I don't make moving violations, I am just a little lazy about registering and inspecting my car on time. Yeah, real lazy I know. Sometime back I watched a video about using your 4th amendment rights to benefit you whether you break the law or follow all laws. It is very informative and has somewhat cheesy acting, it is fun to watch. http://www.youtube.com/watch?v=yqMjM...elated&search=.
Anyways, I go pulled over sometime back for having expired inspection. I was in a hurry to get to work, so I probably seemed a little focused and hurried with getting the ticketing process over with (a very easy ticket to fix if you get if inspected within 10 days). The police officer noticing my slight agitation at being stopped, asked me if I had been drinking:
me: No.
officer: Are you sure?
m: Well actually, I'm wasted off my ass. (Just kidding, I didn't say that) No.
o: Then you won't mind if I search your vehicle.
m: Oh, that won't be necessary. No search.
o: ??? You don't want a search? Is there something you are hiding? (I don't think this is the answer he is used to hearing)
m: No. I'm going to be late for work soon, I don't have time for it.
Officer gives me a glum look, his shoulders rise and fall and he lets out a sigh. He then says sternly "OK, you have a good day sir." He dejectedly walks back to his cruiser. But he forgot something. Before he had tried to search me, he had the ticket for my inspection all filled out and ready to give to me. He had been waiting on my signature. In his frustration, he forgot about giving me the ticket to sign. I sat a moment and wondered if I should let him just walk away and forget about giving me the ticket, or ask for it. I decide to do the helpful thing and ask him if he had forgotten to give me something. He's like "Oh...oh yeah." He gives it to me.
I think he was not used to being refused a search too often. He was a young cop, younger than me I'm sure, and I'm only 25. I think there are alot of people who don't know their Constitution well enough to know that they have a right to keep private the contents of their possessions from the police and the government, as long as they don't give probable cause of wrongdoing or have contraband out in plain view. As much as I like watching the show "Cops", it capitalizes on the ignorance of people who are stopped for unrelated offenses and end up getting booked because they let the cops search them. I've seen some cracked out drivers who could have gotten away with only a traffic citation if they had just refused a search, but I doubt stories like that get aired. They know the shit is in their glove compartment, or fanny packs, yet they let the search happen, and pretend to wonder where the stuff came from. It is entertaining to watch I'll admit, but it does not have to happen at all without a warrant, assuming it is not in plain view or you got reefer smoke pouring out the windows.
My point is, whether you are doing something illegal, you are in a hurry, or don't like being accused of hiding something, fight back with your right to be safe in your possessions, plead the 4th amendment. You can't get in trouble for doing it, you can avoid trouble by doing it. This includes not only your vehicle, but your home. They will not tell you about your 4th amendment right, your ignorance is their bliss. They may try to side-step you, use your open door as an invitation. Close that door and plead your 4th amendment right. No warrant no search.
I recently used my Constitutional 4th amendment right not because I have something to hide or because I was doing anything wrong, but because I felt like it and was going to be late for work. I was sitting at a stoplight. A police car stopped behind me at the light. Commonly what officers do in my town when they are stuck at a light is to run the license plate and records of the people directly in front of them just to see what they can ticket/arrest them for. And the police in this town love to do searches. After years of putting up with this, wasting my time with searches that never yield anything because I don't carry contraband, I did something different. Mind you I don't make moving violations, I am just a little lazy about registering and inspecting my car on time. Yeah, real lazy I know. Sometime back I watched a video about using your 4th amendment rights to benefit you whether you break the law or follow all laws. It is very informative and has somewhat cheesy acting, it is fun to watch. http://www.youtube.com/watch?v=yqMjM...elated&search=.
Anyways, I go pulled over sometime back for having expired inspection. I was in a hurry to get to work, so I probably seemed a little focused and hurried with getting the ticketing process over with (a very easy ticket to fix if you get if inspected within 10 days). The police officer noticing my slight agitation at being stopped, asked me if I had been drinking:
me: No.
officer: Are you sure?
m: Well actually, I'm wasted off my ass. (Just kidding, I didn't say that) No.
o: Then you won't mind if I search your vehicle.
m: Oh, that won't be necessary. No search.
o: ??? You don't want a search? Is there something you are hiding? (I don't think this is the answer he is used to hearing)
m: No. I'm going to be late for work soon, I don't have time for it.
Officer gives me a glum look, his shoulders rise and fall and he lets out a sigh. He then says sternly "OK, you have a good day sir." He dejectedly walks back to his cruiser. But he forgot something. Before he had tried to search me, he had the ticket for my inspection all filled out and ready to give to me. He had been waiting on my signature. In his frustration, he forgot about giving me the ticket to sign. I sat a moment and wondered if I should let him just walk away and forget about giving me the ticket, or ask for it. I decide to do the helpful thing and ask him if he had forgotten to give me something. He's like "Oh...oh yeah." He gives it to me.
I think he was not used to being refused a search too often. He was a young cop, younger than me I'm sure, and I'm only 25. I think there are alot of people who don't know their Constitution well enough to know that they have a right to keep private the contents of their possessions from the police and the government, as long as they don't give probable cause of wrongdoing or have contraband out in plain view. As much as I like watching the show "Cops", it capitalizes on the ignorance of people who are stopped for unrelated offenses and end up getting booked because they let the cops search them. I've seen some cracked out drivers who could have gotten away with only a traffic citation if they had just refused a search, but I doubt stories like that get aired. They know the shit is in their glove compartment, or fanny packs, yet they let the search happen, and pretend to wonder where the stuff came from. It is entertaining to watch I'll admit, but it does not have to happen at all without a warrant, assuming it is not in plain view or you got reefer smoke pouring out the windows.
My point is, whether you are doing something illegal, you are in a hurry, or don't like being accused of hiding something, fight back with your right to be safe in your possessions, plead the 4th amendment. You can't get in trouble for doing it, you can avoid trouble by doing it. This includes not only your vehicle, but your home. They will not tell you about your 4th amendment right, your ignorance is their bliss. They may try to side-step you, use your open door as an invitation. Close that door and plead your 4th amendment right. No warrant no search.
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