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Luna

Food for Thought - Re: Sniper

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JT...that was a cool van. It was fun aggrivating you with the stang going to Forsyth that night about 2 am.

So what are you driving now???

BTW...I would let them search my vehicle. At this point anything that would help catch this freak would be welcome.

Lisa

--
Hot Mama
At least you know where you stand even if it is in a pile of shit.

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JT...that was a cool van. It was fun aggrivating you with the stang going to Forsyth that night about 2 am.

So what are you driving now???

BTW...I would let them search my vehicle. At this point anything that would help catch this freak would be welcome.

Lisa




yea one thing. the van wasnt built for speed, although the cops would awlays try to pull me over when I was hitting 99mph
im driving a little 93 honda civic...its a FOR NOW car
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and did the whole body search thing. I wondered why they did that, because I think I look pretty tame, but it didn't bother me.



They made you take off all of your clothes and searched you and you let them? Better yet, you wonder why they did it and you did not ask them not too? I am going into airport security if I can get away with that!:P

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Any of the lawyers out there know of a precidence where the cops could search all vehicles of a description without a warrant?



I'm in law enforcement but not a lawyer. This is how the Federal Laws read (I'm not familiar with the local/state laws). You must have a warrant to search any area considered to have a "reasonable expectation of privacy". There are different levels to the privacy and there are exceptions. One of the exceptions is the "vehicle exception". With a vehicle the officer only has to have "probable cause" to conduct a search. The reasoning of the court is that since a vehicle is mobile it would not make sense to have the officer get a warrant after "probable cause" is established. If you give the officer consent they can also search the car, or whatever else you consent to, but your lack of consent does not give them "probable cause" to search. If the officers do not have a warrant then the prosecution must prove that the "exception" was valid if they find something and the case goes to court (the probable cause must exist before the search began). If the officers get a warrant then the defense must prove that the warrant is illegal in some way. If you don't want them to search and you don't have something illegal in plain view then just so "no". If you don't have anything to hide it would probably be better to let them search.

The vast majority of police officers are good guys and just trying to do their job (contrary to some earlier poster's opinion). It doesn't cost you much to assist them.

BTW, they do keep records of vehicles searched.


"Any fool can criticize, condemn and complain and most fools do." Ben Franklin

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i don't see why so many people say "i would because i have nothing to hide" why is it this country believes that trading some of our basic rights to feel safer is a good idea. if we all start giving up a little bit of our rights, then a little more then more and more - eventually we will have none. don't get me wrong i hope they catch this guy before anyone else gets hurt. but follow the rules. do it they way it is set up in our bill of rights don't take short cuts.
-



"the sweet just aint as sweet without the bitter "

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police officers can hold traffic safety checkpoints to check motorists for moving and equipment violations, however, they do not have the right to search a vehicle entirely unless they have the consent of the owner. this is commonly referred to as the carroll doctrine. police officers can look in the passenger compartment in order to see if the presence of contraband does exist. in a supreme court case known as new york vs. belton the supreme court ruled that in the event an individual is arrested from a vehicle the police officer does have the right to search the passenger compartment of the vehicle. this is commonly referred to as search incident to arrest. the only time a police officer can search the trunk compartment of a vehicle without the owner's consent or a search warrant is if during the search incident to arrest has been envoked and the back seat folds down to allow access to the trunk compartment. so a person does not automatically have to give a police officer consent to search an entire vehicle which someone indicated was implied in the state of virginia. i know virginia is a srange place but they do have to comply with federal law nonetheless. i hope this gives some food for thought in the event they have an encounter. by the way i am a kentucky state trooper.:P



It is better to be dead and cool than alive and uncool!

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