We have no more rights, even those given to us by the constitution.

[freeztar]

When I was in college, I took a spring break to cruise down the coast from Olympia to Big Sur. I had long hair at the time and I was playing guitar every chance I could get.

 

So, my girlfriend and a band member are trying to find a place to pitch a tent for the night. I always lived by the philosophy that if you find a big green area on the map, there's a place to camp. :(

 

But, we were having trouble finding the road to get to the other road to which we needed to go. We passed the road, and made a legitimate turnaround to go back. On our way back, we passed a couple local law enforcement cars and they started following us. It turns out that the road we needed to take was straight through town...15 mph speed limit. Do you know how hard it is to go 15 mph when you know you're being watched and evaluated?

 

So, we made it through town and the police were still following us. The speed limit picked up to 30 mph, and I'm quite sure I never did a hair over 29, deftly navigating the winding turns.

 

"Which way do we go?", I asked my girlfriend (as a stop sign was within 50 yards and we didn't need to linger).

 

Well, we came to that stop sign and we did linger for about 5 seconds (might as well have been minutes). I looked at the driver's side mirror and I saw the officer roll down the window and a dog stuck its head out (we didn't have anything, but it's a bit intimidating). And my gf declared, "Left".

 

As soon as I turned, the lights came on. I pulled over right away, as I was expecting it. I asked why we were pulled over and they said that it was California Law to signal within 75 feet of the stop sign. (Load of BS!)

 

We were searched and the reason given was my long hair and the guitar case. They were looking for people smuggling massive amounts of marijuana. They told us that as long as we didn't have 20 pounds on us, we'd be fine. And of course, I had to ask..."Why 20 pounds?". Well, he answered that the "judge would not see cases with possesion less than that".

 

After they found nothing, they changed character and helped us with our map. They even told us the best place to camp!

 

I love having police officers around, but it's a corrupt business sometimes. :)

[lawcat]

Samples can only be taken when consent is given.

When the individual is arrested, consent is implied.

To arrest someone, the officer only needs probable cause.

Once the officer has made the arrest based on the aforementioned probable cause, consent is implied and the blood can be drawn to add to their evidence in the case regarding intoxication.

.

 

 

To summarize: NEVER CONSENT TO ANYTHING. Do not talk, do not consent to search. Do not consent to line walking. Do not consent to breath test. Do not consent to one leg test. Make them seek a warrant. Make them gather facts.

Criminal law is a fact based business. The more facts you give them, the better your chances of going to jail. They already have some fact for stopping you. Make it the only fact. Do not drink and drive, or such. But if you are dumb enough to do it, and they stop you, say you are sick and you need a family member to take you home. Do not consent to help. Do not consent to ambulance. If they take you to jail, keep repeating that you are sick and you want to see a family member, and you do not wish to talk. Tell your family to call a lawyer.

 

If you voluntarily consent, it's pretty much over.

[lawcat]

After they found nothing, they changed character and helped us with our map. They even told us the best place to camp!

 

I love having police officers around, but it's a corrupt business sometimes. :(

 

Such stories make me sad. But, I know, law enforcement is an investigative fact finding business, and cops are not always genuine in communication. They test you. We are glad you did not have a 20 lbs bag. Otherwise, who knows? You may not be here at hypography.

[Zythryn]

Would this qualify as an abuse of authority, or of just good policing?

 

Bill, you did the exact right thing (pulling of the road to take the call).

I can see why the location you chose would raise suspicion amoung either law enforcement or contract security.

A vehicle parked in front of a closed store with light on is... unusual. Especially if it has an ATM;)

If working contract security in the closed store, I would have called the police and asked for a squad to drive by and check it out.

Remember, police aren't just looking for the smart thieves (who would turn off their lights and park in back), they are looking for the stupid ones (like the ones that will first write a personal check, rob a place and leave their check with address, name and license number;)).

[cbr guy]

the last straw will be the 2nd amendment, taking our guns away. you should read up on h.r. 45 a new bill to illegalize all magazine fed weapons

[Moontanman]

I read it cbr, I happen to think it's good idea, it would not keep people from owning those fire arms. here is the bill from snopes.

 

snopes.com: Blair Holt's Firearm Licensing and Record of Sale Act

[lemit]

I'm glad this thread has been brought back. I missed it the first time around. Theory5, if you're still paying attention to the thread, reread it carefully and see if there's anything you've written that, if put into action, could create a situation in which you would have relative power demonstrated to you.

 

You need to remember that unless your intent is to commit suicide by inches, the best course in a confrontation with police is a straight line out of the confrontation with police. My cousin, a famous Missouri sheriff (retired) has thousands of stories of how he gave people chances to just go on with their lives because he really didn't want trouble either. (Why would policefolk want to get into scuffles with dumbasses?) You can get exactly as much respect from police as you give to them. The most recent time I got stopped, I was coming back from a fast food restaurant a little after midnight, fumbling with Frenchfries, crossing a couple lanes to make a turn without signaling, and then going five miles an hour over the speed limit. I readily confessed to being dumb. I was not cited for it, and was allowed to continue.

 

The point of my stupid little story is to always try to see yourself as the officers see you. If you see the search of some guys hanging around on a street corner at night as the worst infringement of human rights in recent history, well, you can't blame anybody else for unfortunate consequences. Some things happen to you. Some things happen because of you. Some things just happen. If you can't tell the difference, stay away from moving vehicles and fires.

 

--lemit

 

p.s. Lawcat has given some very good legal advice. Be sure to take it to heart. It might save you some more expensive legal advice in the future.