Date: Thu, 16 May 2002 09:18:26 -0500
Reply-To: Darren <dfazio@BELLSOUTH.NET>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Darren <dfazio@BELLSOUTH.NET>
Subject: Re: Just Cause
In-Reply-To: <009001c1fc5f$8e810f80$14a6fea9@pacbell.net>
Content-Type: text/plain; charset="us-ascii"
There recently was a billboard on I-20 just across the Texas state line
advising motorist to deny any vehicle searches. It was placed there by
AAA.
Darren.
-----Original Message-----
From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com] On Behalf
Of pensioner
Sent: Wednesday, May 15, 2002 5:26 PM
To: vanagon@GERRY.VANAGON.COM
Subject: Re: Just Cause
If I remember my Fourth Amendment right, the US "coyboys" must show just
cause to search your person or your property. In no case, ever consent
to a
search unless a warrant is produced. A simple plant and you're nip-deep
in
smelly stuff. RICO gets your van, you go to jail, the "coyboys" laugh.
Note the misspelling of cowboy.
If stopped politely ask why you are being stopped. Ask if you are a
suspect
in a criminal investigation or if this is merely a misdemeanor traffic
offense. If a misdemeanor, accept the summons, deny the right to search
without a warrant based on the fact that you are not suspect in a crime
or
investigation involving criminal charges. Be very polite, be calm, be
firm.
If you are travelling in a Westy it is your place of residence at the
time
and IIRC the cowboy will have to produce just cause or a warrant signed
by a
magistrate. He cannot arrest you for denying search. Do all this AFTER
you
sign the summons. He can arrest you if you choose not to accept the
summons.
But if he asks and you agree to a search, all bets are off. You just
gave
away your 4th amendment right.
If asked for a search "Thank you officer, but I do not choose to discuss
my
personal affairs with an officer of the law at this time, good day".
Politely roll up the window, do not make eye contact, motor away gently.
NB in many Texas counties the Justice of the Peace, often an appointed
functionary, is the magistrate and will often sign such a warrant
without
any justification whatsoever. It's his perogative and objecting will
get
you a hefty court cost assessed and perhaps contempt. It is purely his
call
and further appeal is not likely to be heard.
Lariat, Dime Box, Plano, and others have the JP traps. Texas is another
state of mind.
pensioner