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Northton

by northton from the Land of Free Speech

Last Post 1 hour Ago


Hello fellow Bloggers!

This is the fourth of eleven installments of:

"How to Be A Real American"

That's right, we are discussing Our Bill of Rights (YOUR RIGHTS!).

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

We are all pretty familiar with this one but how many of us have been directly affected by this amendment? Have you or do you know of someone who has been searched without a warrant? On TV I see police ask someone if they can come inside and look around. When the owner says no, they make him stand there until they get a warrant. I never understood this. If they didn't have a reason to search him, and the owner says no, then how can police get a warrant anyway. I mean, why ask if you are just going to over-ride the person's right not to be searched?

From Wikipedia:

Not all seizures of the person must be justified by the probable cause standard required for arrests. Certain seizures are justifiable under the Fourth Amendment if there is reasonable suspicion, supported by specific and articulable facts, that a person has committed or is about to commit a crime.  [25] Note that this circumstance is different than the non-seizure police questioning discussed above, in these situations, the person stopped is not free to leave. A "Terry Stop" must be temporary and questioning must be limited to the purpose of the stop (i.e., if the policeman stopped you because he had reasonable suspicion to believe that you were driving a stolen car, after confirming that it is not stolen, he cannot force you to answer questions about anything else, such as the possession of contraband.)[33] In justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion.

 

Here again I have seen "Cops" type shows where the driver is asked, "Are there any weapons or anything in the car I should know about?" The driver says, "no". The officer says, "May I look in the car?". The driver says, "no.". The officer waits for a warrant then does a search anyway.

Is this a legal search?

Do you know of a case where people's property has been searched or seized without due cause?

Do you feel this amendment is abused or do you feel safe in your privacy?

27 Comments |  Add a Comment

Member Comments Total Comments: 27
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truthwillsetyoufree read my blog view my photos
Feb 17, 2008 | 8:46 AM

Somehow, saying no to the officers request constitutes reasonable suspicion in todays system. Top it off with the USAPatriot act, the Military Commisions act, and the National Defense Authorization Act, and they might as well have abolished #4

ADeltonian read my blog view my photos
Feb 17, 2008 | 10:01 AM

I have nothing to hide, But I also myself say no to the search. I will make the officer get the warrent for the search, Make him file tons of paperwork to have it done, Then watch him file even more paperwork once he is done for searching a federal employees offical vehicle and get arrested himself by me for doing it.

YUP

I did this to a prick in GA which this small town cop though he was GOD and could do whatever he wanted. Didnt the badge, Gun in my holster, radar on the dashboard, and the NSA seal on the doors not give away that I was a federal officer at the time? Well this dumb cop who thought he was GOD and tried to bully his way into getting his quota in tickets found out the hard way after serving 90 days in his own jail and loosing his job.

I dont ever push my wieght at work. I feel like im just another person living here in America. But when a prick cop like that tries to think he is GOD over the public, Well thats when I let them do their thing and then show them what the real laws do to corupt cops.


Are there any cops out there reading this that would try to pull over a federal vehicle and do a search on it just because you need to fill a quota? By the way, I wanst breaking any laws when he pulled me over. He said it was a "Rutined indspectine" Yeah, I had a hard time understanding him too with all that chew in his mouth.

Are there any cops out there who would be stupid enough to pull a fake warrant to search a federal MARKED vehicle?

Im guessing this GA cop was the son of his brother and sister the 3rd time around huh?lol

DaytonaFrank read my blog view my photos
Feb 17, 2008 | 7:40 PM

Well, I was stopped one night for a tag light out. The officer searched my person, and insisted on searching my van as well, which I consented to. This for a tag light out!

Then, to my surprise I did not get a ticket for no tag light. I got one for no seatbelt! Boy was I pissed! I definitely felt violated!

I fought that ticket in court and I won. The officer's demeanor was quite different in court. He was timid and polite, quite the opposite of his aggressive, bullying side that he showed that night on the side of the road.

Gammies61 read my blog view my photos
Feb 19, 2008 | 12:14 PM

I give up?

Gammies61 read my blog view my photos
Feb 19, 2008 | 12:15 PM

Sorry, I thought this was a riddle.

Gammies61 read my blog view my photos
Feb 19, 2008 | 12:32 PM

What are amendments for? To further take the freedoms from Americans? To better protect Americans? I don't get it. What exactly are we free to do?

northton read my blog view my photos
Feb 19, 2008 | 7:29 PM

That's what we're trying to find out, Gammies.

Gammies61 read my blog view my photos
Feb 20, 2008 | 12:41 PM

Call me when you figure it out.

I found Freedom Free in Atlanta. Maybe he can tell us. LOL

DaytonaFrank read my blog view my photos
Feb 20, 2008 | 8:27 PM

NOOOOOOO! Please don't bring him here Gammies!

DaytonaFrank read my blog view my photos
Feb 20, 2008 | 8:29 PM

Look, I am on my knees begging. Please, please Gammies, have a heart!

Meb452m read my blog
Feb 20, 2008 | 10:08 PM

Norty, ever hear of the term " probable cause " ? It is a legally established rule allowing a search without a warrant. I'm not going to argue with that as I believe it to be a fairly sound term. For example: in a routine traffic stop an officer noticed a pack of Easy Widers rolling papers on your dash, they are commonly used for rolling a joint. Granted you might like them for your Bugler Tobacco, but most would roll a joint with them. In the eyes of the law you are subject to a search. Same as finding beer cans rattling around in the rear floorboard of your vechicle and alcohol on your breath, grounds for a soberiety test. What I find troubling is the lawyers use of " discovery " in a civil court with the low to non-existant standard of factual proof. In other words at the bequest of a client, a lawer can state that he mearly believes this to be a case of ....... It's funny that you suppossedly have specific rights protecting you from " fishing expeditions " but a judge will look the other way, as well as most other lawyers as well ! Civil courts are where the law is abused the most and it is nothing short of lawyer welfare !

northton read my blog view my photos
Feb 21, 2008 | 8:22 AM

Very interesting Meb. I'm not sure I can agree with searching a car because of rolling papers just because some people use them to smoke weed. I might say that a tire iron suggests there might be a body in the trunk. I might say that a straw suggests cocaine is hidden in the car somewhere. A bag of diapers might mean you are kidnapping an astronaut.


Can you expand on the use of "discovery"?

Gammies61 read my blog view my photos
Feb 21, 2008 | 9:06 AM

LOL The bag of diapers comment got me ROTF!!!!

Frank, I'll bring him here just for you. Now if he shows up. Don't blame me. I said howdy, that's all. Promise. tehe

DaytonaFrank read my blog view my photos
Feb 21, 2008 | 8:38 PM

I think discovery means whatever they want it to mean.
In my case, I cannot see any probable cause. Just a tag light out.
Although I was seething with anger, I cooperated fully, and was polite even while questioning this personal intrusion.

I was contemplating refusing to allow a search of my vehicle, mainly because of the way I was being treated.

But then I figured they will call the dog team, and I will be waiting another hour for them to show. So I said go ahead. There was nothing to find. I suppose he could have charged me with weapons, since the many tools I have in my van could easily be used for weapons. I can swing a 20 ounce hammer! Don't forget my 3 pounder! LOL!

Again, I felt violated! I had a tag light out. I did nothing else wrong.

Is this a standard procedure for law enforcement? This was Port Orange police, not Daytona.

DaytonaFrank read my blog view my photos
Feb 21, 2008 | 8:51 PM

Thanx Gammies. :(

DaytonaFrank read my blog view my photos
Feb 21, 2008 | 8:54 PM

What if you had a bunch of empty beer cans rattling around on the floor, but did NOT smell of alcohol Meb?
Would that entitle the same search?

DaytonaFrank read my blog view my photos
Feb 21, 2008 | 8:59 PM

What happened to signal?

I thought he would be on this.

Meb452m read my blog
Feb 21, 2008 | 10:59 PM

Frank in answer to your question, I believe an officer could question or ask you to do a field soberity test still, as well as look for any fresher cans of evidence. If you're passed out or sleeping in your vechicle, with alcohol on your breath,and keys on your person or in the vechicle with you, you are going to be arrested for DUI/DWI. I've never be stopped or searched for my listed examples, though I've known others that have. On to Norty's examples. Ownership of a tire iron in itself is not probable cause or illegal. Owning a tire iron that has blood or bits of someone's scalp on it is. For example : if Norty were running down an alley or street with his beloved tire iron in hand, that could possibly constitute probable cause or questionable behavior at the very least. Now if there were a trail of people behind Norty with broken knee caps that would constitute probable cause. Possession of a staw in itself would suggest you either like drinking with them or are a anti-germ freak that won't drink from a can. If you have a straw or bunch of straws whose length has been shortened to 3 "-4 1/2 " inches that migth be probable cause, if they had a white to slightly yellowish dust coating on one end you'd most likely be going for a ride. To clarify the small straws as supplied with juice boxes are not do any consideration, as their small diameter would be too restrictive. A bag of diapers means you've either got a kid or kids to take care of or you may have some questionable or deviant practices with said astronaut. You might want to keep such practices far from public view. L

Meb452m read my blog
Feb 21, 2008 | 11:17 PM

to be continued. Norty due to the length of my response, I was unable to get it in one comment block. I had typed a my full comment out but what you see above is all that would fit. It's getting late and I really don't feel like typing the rest of my answer over again. See ya tomorrow night. I'll be back !

northton read my blog view my photos
Feb 22, 2008 | 7:48 AM

So then ownership of rolling papers in itself is not probable cause or illegal, but owning rolling papers that have weed or bits of hash on them is, right? Cause them's pretty much your own words.

It really sounds like just about anything could be considered probable cause with a little creative reasoning.

Blogging tip #2750:
Select your entire comment (Ctrl+A) then copy (Ctrl+C) before posting your comment.

If your comment gets cut short, you can pa

northton read my blog view my photos
Feb 22, 2008 | 7:49 AM

paste it (Ctrl+V) into the comment box and delete the part that already posted.

Gammies61 read my blog view my photos
Feb 22, 2008 | 4:07 PM

On my 40th birthday, I was pulled over for my tag light being out. Driving through Lady Lake around 8:30 pm. The officer asked if I knew why he pulled me over. I said no, because of course, I was not speeding. He told me the problem, checked my insurance and drivers license and told me to have a good evening. So, I don't understand why you got the run around Frank. Maybe you were being profiled. Hippy in a van? LOL

DaytonaFrank read my blog view my photos
Feb 22, 2008 | 9:13 PM

Gammies, Me a hippy? LOL! The profile was a person haggard after a long day at work, with a tag light out. He attempted to turn it into something else. I did not agree.

He had his way with me that night without regard to the above specified Constitutional right, but I had the last laugh.
That is all that matters to me.

Meb452m read my blog
Feb 22, 2008 | 10:08 PM

Norty you'd have to take a couple of other things into consideration a well. The individuals behavior,coordination,eyes- clear or bloodshot, any scent of the wild weed about ? One other point is how many people have you seen lately rolling with legal tobacco ? How'd you like my take on your tire iron,straws, or bag of diapers? Quite some goody bag you carry in your car there guy . LOL !!!! I'll get back to "discovery tomorrow night. Thanks for the computer tip, but I'll end up forgetting that. In that case, I will eventually pass must as the dysfunctional dinosaur.

DaytonaFrank read my blog view my photos
Feb 23, 2008 | 7:51 PM

Meb, by your reasoning:
You are out of plastic sandwich bags, but have to pack lunches for your children in the morning. You run down to the nearest convenience store, and grab a box of baggies.
On the way home, you get stopped for a minor infraction. The officer sees the box of baggies.

Is that probable cause for a search?

Where do you draw the line?

There is NO line!

northton read my blog view my photos
Feb 24, 2008 | 8:04 PM

There you have it folks. Where is the line? There isn't one! Tune in next time for another exciting episode of: "As the Law Churns".

Gammies61 read my blog view my photos
Feb 27, 2008 | 10:01 AM

Waiting patiently. :)

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northton

I like sharing ideas and ideals in an open forum. I may not like what you have to say but you can still say it here. I try to be fair. I'll often admit that the positions I support have flaws. I detest bloggers who always base their opinions on their political party's rhetoric and never have an original thought. I am neither a Republican or a Democrat. I vote for whoever I think will do the best job of running things. I may be wrong but at least I think with my own brain. I am looking forward to seeing an open debate between Obama and McCain. I think Obama will whip McCain so badly that you wouldn't believe it. I think Rush Limbaugh is the biggest and most dishonest jerk that ever lived. John "New Orleans Deserved It" Hagee is somewhere right alongside him. If you like Limbaugh or Hagee then you're ignorant and you suck. Whatever you think, join the blog! Come and debate! Let the politicians know what the public really thinks on an open forum like mine where free speech cannot be denied!

Member Since: 1/23/2007