Date: Mon, 2 Jul 2001 22:30:03 -0700
Reply-To: steve@SYNCRO.ORG
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Steve Schwenk <steve@SYNCRO.ORG>
Subject: Re: Can they legally do that?
Content-Type: text/plain; charset=us-ascii
Normally, your vehicle and personal affects can be
searched only if there is probable cause that you
committed a crime. The supreme court (the current one)
has done much to chip away at the 4th amendment and
thus there are exceptions to this general rule.
In addition, I know that for a while, the feds were
taking the position that if you were on federal land,
like in a national park, you could be searched without
a warrant. This always seemed very dubious to me since
the 4th amendment makes no such distinction and the
distinction does not seem to be very meaningful. I
have never done the research to see if the policy had
ever been tested. If it were found t be valid and
constitutional, then the same rule would seem to apply
to ANY government property, federal, state or local,
including state parks. But I find it hard to believe.
Still, even with that policy in place, the police
almost always have internal guidelines they have to
follow before doing a search. It is unlikely that
under their own guidelines they would be able to search
without any cause. They probably have to articulate
some basis for the search before it would be proper.
I would write to the commanding officer in charge of
the officers who conducted the search and ask for an
explanation if they have not given one, and take it
from there. they will respond to a letter.
Good luck.
steve
"R. Hotchkiss" wrote:
>
> The only reasons that your vanagon could be searched are: Probable cause,
> Warrant, Consent, or having something like drugs in plain view. You privacy
> has been violated and you can pursue legal action. Because it's a civil
> rights case you will not have to pay any legal fees or court costs if you
> win. As my wife the attorney says,"there is a cost to having your privacy
> violated"
>
> Hotch
> Philly
>
> Kenneth D Lewis wrote:
>
> > Greetings and Salutations;
> >
> > I was at a state park this weekend and had a new experience. I did
> > not witness it but neighbors said a North Carolina State Park Ranger
> > searched my truck, tent and cooler. There was no "probable cause"; my
> > site was neat and all tags and receipts were properly posted.
> > Ironic; I NEVER lock my truck. I haven't had any problems with
> > break-ins but this weekend I had to secure it to keep the Ranger out! Who
> > should I report this to?
> >
> > Good Luck and Drive Safely
> > Ken Lewis
> > 86 Crewcab,60 356
> > http://Neksiwel.20m.com/
> > ________________________________________________________________
> > GET INTERNET ACCESS FROM JUNO!
> > Juno offers FREE or PREMIUM Internet access for less!
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>
> --
> Richard Hotchkiss
> http://www.hotstrings-inc.com
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