Experiencing the Patriot Act

Hindsight is 20/20, but I would have said no to a search of the vehicle and requested his supervisor on site. And also, I would have instructed the officer that he would need a court order to search my vehicle without probable cause. If more people did this, then loose cannons like this officer would be made fools of in their departments, thus decreasing the likelihood of infringement upon our Constitutional rights.

Originally posted by SpectreDC
reply to post by gwydionblack

 

I've heard plenty of other horror stories how if you decline to be searched, they will take it as reasonable suspicion that you are hiding something and thus search regardless. How exactly do you win in such a situation?

In this case it depends on where you are. State and even local laws differ all over the country when it comes to "reasonable suspicion", "probable cause", etc, etc.

I don't know where you were in OK. I don't know OK's search and seizure laws.

I'll tell you this though, there is not a federal, state, or local law that makes the denial of consent reasonable suspicion to search a car. Not a single damn one.

If I was your friend, firstly I would never have given him consent. If he was rather adamant in receiving consent, I would have asked for his badge number and supervisors name immediately. I would also recite verbatim the areas laws (I'm not kidding when I say I can recite my local and state laws related to these sort of events verbatim).

I would dare the officer to mess with me. Because if he did, and he did something he can't do, he wouldn't be an officer anymore. I'm a tenacious little asshole like that.

Again, I tend to travel with some form of recording device. And I do so for good reason. I can tell you this though; I've gotten a cop thrown off the force before. In fact, I quite enjoyed it. And I'm willing and able to do it again.

Keep in mind with all of this, I show respect. I don't respect his authority, but I respect him as person trying to make a living. I don't WANT to get a cop thrown off the job but if a cop wants to # with me I will do it in a heart beat.

The thing about police encounters is that people tend to be ignorant of the law. If you're not ignorant of the law, you're pretty much in the clear. Cops use ignorance of the law to their advantage.

The "Flex your rights" video posted is a good one too. Watch it. It gives a general idea of what you should do.

And I apologize for defaming your character slightly. I forgot the tidbit where it was your friends car and not yours.

WRONG!! The standards for probable cause have been delineated in rthe SUPREME CDOURT and apply to ALL jursidictions. NO STATE or locality can make laws that are more restrictive then the Federal law allows. The definitions are the same no matter where you are.

Reasonable and articulable suspicion and probable cause have been defined and codified already and no cop can use a lesser standard, legally.

Of course cops violate this day and night...they are scum. But one fact remains: Passengers in a car do NOT have to legally produce ID...only the driver. Passengers are free to walk away from the stop with no explanations unless the cop has articulable grounds to believe they are committing a crime.

It is a sad thing: So many people do not know their rights or how to use them. I would NEVER allow a cop to search me without a warrant....figuring that they ' will search if they want to anyway' is nonsense. Cops can and do get sued every day for crossing the line, and local cops where I live know me and know that if they see me flip them off or tell them in public what I think of them they had better walk away and lick their wounds...lest I take their homes and vehicles and savings in a Federal lawsuit.

Make the lying thug cop squirm and refuse all contact that is not necessary and say nothing. Record all this all the time. Have a record so the cop knows that if he goes too far he will be in the bosses office tomorrow when the Youtube goes viral getting his ass reamed for embarrassing the chief.

I enjoy seeing cops get red faced and mumbling empty threats and such....I laugh at them!! It is empowering to have a cop stalk away angry because he knows you have the upper hand . Cops use BLUFF and intimidation and lies....anyone who must fall back on such crap is not much of a worry to me.

Ruining a cops life and making him suffer and pay is the ONLY way to get these thugs to back off and obey the law....cops are the worst lawbreakers alive.....they commit perjury every time they get on a stand...they lie and obstruct justice daily to cover up their pals crimes, and they consider themselves BETTER than us!!

Make the piggie squeal!! Sue him for anything that crosses the line...always record them..and never ever be intimidated by the scum.