Date:         Wed, 15 May 2002 15:26:28 -0700
Reply-To:     pensioner <al_knoll@PACBELL.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         pensioner <al_knoll@PACBELL.NET>
Subject:      Re: Just Cause
In-Reply-To:  <0GW600JV99L147@mta1.snfc21.pbi.net>
Content-type: text/plain; charset=iso-8859-1

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