Unreasonable search...am I a victim?

[OzzyKP]

Originally posted by asleepathewheel


child

a.ss


Well Asher, I agree that what they did was ****ed up, and I read it the same way you do. That they pulled you over cause you had stuff in your car, and they would have given you a ticket if you hadn't consented to the search. So you played it right.

I do think you should file a complaint if possible though. Chances are it won't do anything, but it is still worth doing.

A few years back I drove out to the beach in Delaware. I'm not really a beach person, but I just walked around checking stuff out. Anyways, it was too much for a hotel anywhere around there (anything would have been too much honestly), so I found a nice quiet neighborhood a few miles down that didn't have any posted no parking signs, and I slept in my car.

Well early that morning I had a rude awakening by a cop. He was very rude (not surprizing) in informing me that it was illegal for me to sleep there. Then he asked for my ID and my social security card. I told him I didn't have my SS card, I never carry that with me. I offered to give him my SS number, and he said that wasn't good enough. He needed my card or he could lock me up for the night. I knew he was full of it, but I was scared he would do it.

He relented about the social security card and just gave me a ticket for sleeping in my car. I wasn't going to pay it, but a few days later I got a letter from the department apologizing on behalf of the officer. He was a new officer they said, and because of what he did they erased my ticket.

So yea, sometimes you can be surprized by the responsiveness and understanding of the departments. So file that complaint and see what happens. I'm sure this cop does this a lot, and most people don't complain. I'm sure if the department had a few dozen complaints about this guy that something would be done.

Don't be silent.

[DRoseDARs]

Well, I'm back from an informal exile (I know, you're all heartbroken... or have no idea who I am ) and the first thread I open is one of Asher's. I was sooo hoping this was some sort of gay cop fantasy story, but am throughly disappointed.



Anyway, Slowwy was right that you shouldn't have consented to the search. You already knew the officer was using your plate as a bs excuse (nay, a flat out lie) to pull you over, so having not found anything in your car there was a possiblility of him planting evidence out of spite. Also, that was a great idea taking pictures of the officers and vehicles. That should be admissible in court if you so choose that route. I agree with the majority here that you should persue this, even find a lawyer that can in turn find other people that may have had fishy (non-gay, non-sexual ) encounters with this guy like what Ozzy is saying.

[joncha]

Who are you again?

[DRoseDARs]

I forget.

[asleepathewheel]

Originally posted by OzzyKP


a.ss

you are predictable

[SlowwHand]

Unless the search is to provide additional proof of a crime you're being detained for, it's an unlawful search; provided you don't give permission. You don't have to retain a lawyer to make note of it.

I know. I did it.

[kittenOFchaos]

Originally posted by SlowwHand
Unless the search is to provide additional proof of a crime you're being detained for, it's an unlawful search; provided you don't give permission. You don't have to retain a lawyer to make note of it.

I know. I did it.

Why do so many people instinst upon being arsy with police officers? My rights this, the law that, just be polite and show you've nothing to hide...you did have nothing to hide didn't you?

They're the people that bring back my property when some git nicks it, probably by stopping suspicious looking types as they have anything of value on them.

Maybe it is just cause I'm middle-class and the only time we have dealings with cops is for speeding and when someone has broken in.


Now, if they wanted to search my computer, that is a very different matter

[SlowwHand]

I'm polite with police officers. I have respect for them for the scum they deal with daily, but I'm not scum, don't do scummy things, and it is my right to tell them no. Why give back that right?
You do what you want to. So will I.

[Wezil]

Always be polite. Any breach of rights will be dealt with later - not at the roadside.

[SlowwHand]

I'm saying, say no. I'm not saying it will stop them, or to tackle them when they do it anyway. I'm saying, don't give permission.

[Lorizael]

You can be polite to police officers while still asserting your rights.

But the simple truth of it is... police officers are public servants. They exist to make the world safe for us. Our taxes fund their paychecks.

You cannot let police officers have more power than the law grants them. If everyone does this, if everyone is just polite to the police, if everyone just gives up their rights voluntarily, if everyone just lets the cops do what they want to avoid the hassle... then the law loses meaning.

If police are not getting their power from the law, but from our obedience and submission, then there is no limit to the control they can exert over the populace.

This is extreme. And not realistic. But it is the ultimate end of continually giving in to police. Police that control the population rather than serve it do exist in third world countries, and we try very hard here to avoid such comparisons.

[Wezil]

We are in agreement Sloww. Saying 'no' sets up the breach.

Arguing at the roadside is just plain dumb.

[Aabraxan]

My right to say no has nothing to do with whether or not I have anything to hide. Once you say yes, though, you pretty much give up the right to complain about the search later.

[Sirotnikov]

Originally posted by SlowwHand
I'm polite with police officers. I have respect for them for the scum they deal with daily, but I'm not scum, don't do scummy things, and it is my right to tell them no. Why give back that right?
You do what you want to. So will I.

The cop can't really know in advance that you ain't scum and don't do scummy things.

Even if they searched your car and found nothing... well.. that is annoying and bothering but I would like to think that someday this search will help stop a real criminal.

I was "harassed" by cops several times - and guess what? Nothing bad happenned!

I was asked to show what I have in my pockets once for no real reason and once we were threatened to leave a friends appartment. But besides the little annoyance - nothing bad really happenned.

I'm willing to go through a random hassle of a search on my property, if that helps stop real thieves.

Heck, I'd love for a cop in Israel to stop more often and randomly check a person's body or just chat with him.

That would undboutedly increase public safety since more crooks will be stopped or deterred.


Obviously going after a profile of a guy with long hair, and making someone unpack his entire car, and then laugh at him, is actually a harassment and should be complained about.

I think this could be stopped if cops are also responsible to put things back the way they were after a search

[Wezil]

I presume Siro you would have no problem removing the requirement of police to have warrants to search property? After all, this minor inconvenience would most certainly reduce crime...