Knowing Your Rights

We are and have been slowly loosing all our “rights”. Sorry for getting political but somebody had to say it. Your Bill of Rights is pretty useless now. Especially since privacy, searches, speech, guns, state’s rights and rights of the people have whittled down to pretty much nothing. Years of legislation have crapped all over the constitution, now “the government” is bigger than ever and wants to control your life.

[quote]Mettahl wrote:
If you serve/d, give them your military ID with your DL.[/quote]

Ha! I did that one time and the cop threw it back at me and said. “Why the hell did you give me this? You have problems following instructions? This isn’t your license or registration!”

[quote]angus_beef wrote:
My understanding in regards to the back pack on the car seat is that they would first ask you to search the bag. You can then say no and they are then unable to search your bag. However they can detain you while calling in a K-9 unit to sniff the bag. If the k-9 signals that there is something illegal in the bag then they can search you without your consent. I think there is also a certain duration in which you can be detained. For instance i don’t think they are legally allowed to detain you for 3 hrs while waiting on a k-9 unit to arrive.[/quote]

The way it was explained to me is car and home are 2 different things: A cop can pull you over and search your car just if he does not like the way you are dressed that day they can go threw everything in your seats and if your seats fold down they can fold them down in look in the trunk.

Your home they have to get permission from you or have a search warrant to search it.

Just look up your own state laws and they all cover this type of stuff and its really not new this is the same stuff going on for years when I was 17 I lived in CT but hung out in the Bronx I owned a older BMW and was driving in NY when I was pulled over the cops come to my car guns drawn and told me to get out I was then placed in the back of the cruiser while they searched my car just because I was 17 driving a BMW. When they were done searching my car and found nothing they gave me a ticket for not wearing my seat belt. I sat in the cruiser for over an hour just to get a $75 ticket that’s the type of stuff they can do if they want.

NWA might have said it right but KRS ONE had it right listen to his song the sounds of police and how he compares overseers to officers which is 100% true

Thank you for the replies. Does anybody know the laws about locked compartments? I have a glovebox that locks. I’m not sure if I have the key, though. It might just be the car key. Would they pick the lock or pry it open if I said I didn’t have the key? I heard they need a warrant to search locked compartments.

The cops have to have probable cause to search your vehicle. However, they can make something up on the spot, and if a K9 is involved, the cop will say the dog indicated drugs, whether it did or not. It happened to me in Macon GA. I was pulled over for a tag issue, which turned out to be legal, but I was searched because my car was crappy and I was dressed like a freak in a car with two other freaks.

I was not ticketed for anything. I was simply harassed for what I looked like. The cops said the dog indicated drugs in the driver side door. They proceeded to DESTROY my car, and found nothing. I wasn’t ticketed, and no one went to jail, but my car was even crappier than it had been before. You have no rights anymore. If they want to search your car, they will find a way to do it.

[quote]firespinner93 wrote:
The cops have to have probable cause to search your vehicle. However, they can make something up on the spot, and if a K9 is involved, the cop will say the dog indicated drugs, whether it did or not. It happened to me in Macon GA. I was pulled over for a tag issue, which turned out to be legal, but I was searched because my car was crappy and I was dressed like a freak in a car with two other freaks.

I was not ticketed for anything. I was simply harassed for what I looked like. The cops said the dog indicated drugs in the driver side door. They proceeded to DESTROY my car, and found nothing. I wasn’t ticketed, and no one went to jail, but my car was even crappier than it had been before. You have no rights anymore. If they want to search your car, they will find a way to do it.[/quote]

When a legal search results in nothing found after your property is destroyed and a k9 signals that you do have something, I believe you have some sort of legal recourse. After the cops tore apart your car, you should have obtained their names and badge numbers and filed a complaint with the police department or perhaps obtained a lawyer. It may not do any good, but if you want to fight it, you can end up having the police pay for your damages and if there ends up being a lot of other similar complaints against that officer/k9, you could actually have a legitimate lawsuit. The lesson to be learned is: don’t dress like a freak in Georgia.

(Mods: please delete my last post. It was incomplete.)

OK, here’s a very basic rundown of criminal procedure related to searches. This does not vary from state to state. The protection against unreasonable searches and seizures is rooted in the 4th Amendment.

Generally police need a warrant to execute a search. However, there are several exceptions to the warrant requirement.

  1. Search incident to a lawful arrest:
    Following a custodial arrest, a complete search of the person is permitted without any showing of probable cause. Search of the person refers to person’s wingspan; i.e. the area under the arrestee’s immediate control. With regard to a home, police may search closets and other spaces immediately adjoining the place of arrest as a precaution. If police believe that other accomplices may be present, they can conduct a protective sweep - a cursory, contemporaneous search based on articulable facts for the purpose of locating accomplices. With regard to vehicles, police can search the entire passenger compartment of the vehicle following a lawful custodial arrest. This includes, luggage, consoles, bags, etc. However, they cannot search containers that are so well sealed that a weapon could not be obtained from it; e.g., a locked toolbox.

  2. Stop and frisk:
    This is generally defined as a brief detention made for the purpose of asking a few questions. Miranda warnings are not required. The stop itself requires reasonable and articulable suspicion (more than a mere suspicion, but less than probable cause). The frisk is limited to a pat down search for weapons to protect the officer. The frisk must be based on a reasonable suspicion that the suspect is armed or dangerous. The officer may reach into the suspect’s clothing and seize any item reasonable believed to be a weapon or contraband, based on its “plain feel.” If the officer has to squeeze or manipulate the item to determine that it contained drugs, then plain feel does not apply and the evidence can be suppressed. Following a vehicle stop for a traffic violation, the police may order the driver out of the car even without suspicion of illegal activity. Police may then frisk if they reasonably believe that driver is armed or dangerous.

  3. Plain view:
    There are three basic elements for this exception: police must be lawfully on the premises, evidence must be observed in plain view, and the incriminating character of the evidence must be immediately apparent. The discovery of item in plain view need not be inadvertent. Related to plain view is an inventory search. Upon arrest and booking, a full inventory of the suspect’s personal items is permitted.

  4. Automobile exception:
    More than one theory can provide the basis for the search - plain view, search incident to a lawful arrest, impound search, inventory search, border search, etc. The justification behind the exception is the inherent mobility of vehicles traveling on the open road. It applies to automobiles on the open road, or autos stopped in a parking lot. It does not apply to cars parked at one’s home (including the street in front of the house). The Supreme Court has articulated several rules related to this exception, such as:

  • If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search. This applies to packages belonging to passengers as well. Example: Since drugs can be found anywhere, the police can look anywhere, including the trunk, door panels, etc.

  • Scope is not defined by the nature of the container, but by the object of the search and the places in which there is probable cause to believe the object may be found. Example: If police believe that the car contains stolen rifles, then police cannot search the glove compartment.

  • Where there is probable cause only for the container, but not for the entire vehicle, the police may stop the vehicle and search the container. Police cannot search the entire vehicle unless it is shown that the suspect had time to move the container once it was inside the vehicle.

  • With regard to impound searches, police may search the entire vehicle, including closed containers.

  • Roving border controls must have reasonable suspicion to stop, and probable cause to search.

  • Random stopping of a vehicle is unconstitutional

  1. Consent
    To be valid, the consent must be voluntary and intelligent. Voluntariness is measured by the totality of the circumstances. Factors considered include things such as age of the person consenting, mental competency of person, and demeanor of the police. Police do not have to advise the suspect of his/her right to refuse consent. The scope of the search is limited to the scope of consent. Any person with an apparent equal right to use of occupy the property may consent to the search. Third party consent, such as a roommate, may only consent to a search of common, shared areas.

  2. Hot pursuit
    This is a very narrow rule that overlaps with exigent circumstances. While in pursuit of a dangerous suspect, a warrantless search of a dwelling, vehicle, or any evidence obtained from searching the suspect himself is justified due to the dangerous nature of the situation, and to protect officers from harm. Pursuit itself must be immediate and continuous. There cannot be a break in the pursuit.

  3. Exigent circumstances
    A warrantless search is justified in emergency situations where evidence may be lost or destroyed. Probable cause is required. The main issue to be considered is how long will it take to get a warrant? Example: Court held that a blood sample was permitted to be obtained from a DUI suspect without a warrant to determine his blood-alcohol level. If police had to wait for a warrant, the blood-alcohol level would decrease and the evidence would be lost.

[quote]angry chicken wrote:
cops can do whatever the fuck they want. Be lucky that you have never gotten pulled over in PG county, MD - they will beat your ass for fun.

I have gotten beaten on three separate occasions by different cops over a ten year period. I just don’t go there anymore.

NWA had it right…[/quote]

seeing as how I live in PG- there’s a lot of ass beaten that needs to be done. What a shitty county full of fucktards that like to punch people in the face as a strip mall and steal their car. (happened to a co-worker.

I leave my doors locked during the day when I’m home. Back where I come from only 1 county away, I would leave the house unlocked during the night or if I went out for the day. I could leave my car unlocked with the windows down without have to make sure my Great Dane is in the back seat to protect the car.

If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

[quote]angry chicken wrote:
chillain wrote:
angry chicken wrote:
I have gotten beaten on three separate occasions by different cops over a ten year period. I just don’t go there anymore.

If you’re at all serious, then this is an awfully negative reflection of you independent of any cop(s) and what they did.

How the fuck is it a negative reflection on me when the police abuse MY civil rights? I am not the type to start trouble with the cops. I had my license and registration ready when the got to the window… each time.[/quote]

Aren’t you the same guy that was busting on women in SAMA? if not I apologize.

But, a cop isn’t going to beat you for no reason, let alone 3 separate instances, you’re telling me you didn’t mouth off or anything? come on

[quote]jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.[/quote]

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal.

[quote]malonetd wrote:
jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal. [/quote]

I sort of see your point. But, really, do you keep financial statements in your car? And if you do, the cops look over them? Sorry, that was just a bad example IMO.

I could care less if a cop searches my car.

[quote]artw wrote:
If they are called to your house because of a noise violation, they can enter the house if any sort of crime is in progress there, even if it’s something as mundane as minor in possession of alcohol.
[/quote]

No, they can’t.

I’ve been to a bunch of busted parties and you can just shut the door and they cannot legally enter. We’ve done this many a time.

[quote]artw wrote:
firespinner93 wrote:
The cops have to have probable cause to search your vehicle. However, they can make something up on the spot, and if a K9 is involved, the cop will say the dog indicated drugs, whether it did or not. It happened to me in Macon GA. I was pulled over for a tag issue, which turned out to be legal, but I was searched because my car was crappy and I was dressed like a freak in a car with two other freaks.

I was not ticketed for anything. I was simply harassed for what I looked like. The cops said the dog indicated drugs in the driver side door. They proceeded to DESTROY my car, and found nothing. I wasn’t ticketed, and no one went to jail, but my car was even crappier than it had been before. You have no rights anymore. If they want to search your car, they will find a way to do it.

When a legal search results in nothing found after your property is destroyed and a k9 signals that you do have something, I believe you have some sort of legal recourse. After the cops tore apart your car, you should have obtained their names and badge numbers and filed a complaint with the police department or perhaps obtained a lawyer. It may not do any good, but if you want to fight it, you can end up having the police pay for your damages and if there ends up being a lot of other similar complaints against that officer/k9, you could actually have a legitimate lawsuit. The lesson to be learned is: don’t dress like a freak in Georgia.[/quote]

This was many years ago. I was young and single and traveling across the country at will. The cops knew there was no way I could afford an attorney. They just felt like being jerks, and they did. Although I have to agree with you that one should not dress freakishly in the more inbred parts of Georgia, it is total B.S. that it is that way.

[quote]malonetd wrote:
jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal. [/quote]

^^^^yes^^^^ this, exactly.

[quote]jehovasfitness wrote:
malonetd wrote:
jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal.

I sort of see your point. But, really, do you keep financial statements in your car? And if you do, the cops look over them? Sorry, that was just a bad example IMO.

I could care less if a cop searches my car.[/quote]

So then where do you draw the line? If you are doing nothing illegal in your house and have nothing to hide, you should be fine with random searches of your home, right?

[quote]malonetd wrote:
jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal. [/quote]

This is the truth.

The majority of cases involving police searches prove to be unwarranted. Police officers have the only profession where they can treat innocent people with no dignity or respect without any repercussions. It is a flawed system that attracts flawed individuals.

What the fuck justifies giving these people complete discretion over our civil liberties just because they completed a 12 week training course?

[quote]malonetd wrote:
jehovasfitness wrote:
malonetd wrote:
jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal.

I sort of see your point. But, really, do you keep financial statements in your car? And if you do, the cops look over them? Sorry, that was just a bad example IMO.

I could care less if a cop searches my car.

So then where do you draw the line? If you are doing nothing illegal in your house and have nothing to hide, you should be fine with random searches of your home, right?[/quote]

That’s not the same as breaking the law then getting searched.

By your example you could be driving along the road doing nothing wrong but get searched. That’s not right.
But, if you’re breaking the law then I don’t see the problem.

Personally it doesn’t bother me. I can see how some people would get bothered though, I just feel the ones that usually scream the loudest on this one are like the OP

[quote]jehovasfitness wrote:
malonetd wrote:
jehovasfitness wrote:
malonetd wrote:
jehovasfitness wrote:
If you’re not hiding anything illegal, then you have nothing to worry about with your rights and being searched. I’ve been searched a few times when pulled over, I always happily said yes, go ahead. It’s nothing personal, and I have nothing to hide.

It’s not a matter of having “nothing to worry about”. I have nothing to hide with my bank statements or phone records, but I still don’t want people looking at them. I have nothing to hide with most areas of my life, but it’s still no one’s business but my own.

Just because I have nothing to hide doesn’t mean I want to give up my privacy. And, yes, sometimes, with some cops, it IS something personal.

I sort of see your point. But, really, do you keep financial statements in your car? And if you do, the cops look over them? Sorry, that was just a bad example IMO.

I could care less if a cop searches my car.

So then where do you draw the line? If you are doing nothing illegal in your house and have nothing to hide, you should be fine with random searches of your home, right?

That’s not the same as breaking the law then getting searched.

By your example you could be driving along the road doing nothing wrong but get searched. That’s not right.
But, if you’re breaking the law then I don’t see the problem.

Personally it doesn’t bother me. I can see how some people would get bothered though, I just feel the ones that usually scream the loudest on this one are like the OP
[/quote]

Scream the loudest? I asked questions. I’m not “screaming” about anything.

[quote]jehovasfitness wrote:
angry chicken wrote:
chillain wrote:
angry chicken wrote:
I have gotten beaten on three separate occasions by different cops over a ten year period. I just don’t go there anymore.

If you’re at all serious, then this is an awfully negative reflection of you independent of any cop(s) and what they did.

How the fuck is it a negative reflection on me when the police abuse MY civil rights? I am not the type to start trouble with the cops. I had my license and registration ready when the got to the window… each time.

Aren’t you the same guy that was busting on women in SAMA? if not I apologize.

But, a cop isn’t going to beat you for no reason, let alone 3 separate instances, you’re telling me you didn’t mouth off or anything? come on[/quote]

What does any post I made on a different thread have anything to do with this issue? Are you somehow going to make a judgement or a correlation that since I have had some bad relationships and currently have some trust issues with women that I somehow “deserved” to be beaten by the police ten years ago? I’d love to hear your argument on that one…

I also clearly stated that I did not “mouth off” to the cops. Even if I had (which I didn’t) it is STILL no excuse to violate my civil rights!

Why the hell would you live in PG county with all of those “fucktards that need a beating” as you so eloquently put it?

[quote]angry chicken wrote:
jehovasfitness wrote:
angry chicken wrote:
chillain wrote:
angry chicken wrote:
I have gotten beaten on three separate occasions by different cops over a ten year period. I just don’t go there anymore.

If you’re at all serious, then this is an awfully negative reflection of you independent of any cop(s) and what they did.

How the fuck is it a negative reflection on me when the police abuse MY civil rights? I am not the type to start trouble with the cops. I had my license and registration ready when the got to the window… each time.

Aren’t you the same guy that was busting on women in SAMA? if not I apologize.

But, a cop isn’t going to beat you for no reason, let alone 3 separate instances, you’re telling me you didn’t mouth off or anything? come on

What does any post I made on a different thread have anything to do with this issue? Are you somehow going to make a judgement or a correlation that since I have had some bad relationships and currently have some trust issues with women that I somehow “deserved” to be beaten by the police ten years ago? I’d love to hear your argument on that one…

I also clearly stated that I did not “mouth off” to the cops. Even if I had (which I didn’t) it is STILL no excuse to violate my civil rights!

Why the hell would you live in PG county with all of those “fucktards that need a beating” as you so eloquently put it?
[/quote]

My rent is insanely cheap, I live in an awesome location, I walk to work, and I love the house. Prior to that I was driving 45 mins each way.