Date:         Thu, 16 May 2002 08:36:33 -0700
Reply-To:     DaveC <voicebox@DNAI.COM>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         DaveC <voicebox@DNAI.COM>
Subject:      Re: Just Cause
In-Reply-To:  <200205152331.g4FNVTk39397@mail.aros.net>
Content-Type: text/plain; charset="us-ascii" ; format="flowed"

>  >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.
>
>I expect this will get you into big trouble.
>
>I believe that the officer can search your vehicle without a warrant, if
>he believes that has just cause.
>
>Now, what does just cause mean? I have no idea, but basically I think it
>means if he searches, you can file charges against him and have a judge
>decide if he had "just cause"

If he thinks he has just cause, he won't ask, he'll just search.

The question that is posed in this thread is whether to *consent* to
a search when *asked*. (If they have probable cause, they don't ask.)

So if they ask, say NO!!! They *know* that if you say no, that is no
basis for probable cause, and they cannot then search based on your
answer.

On those "reality" Cops show, I've seen a few roadside voluntary
searches which turned up bales of pot or other contraband. When it
was over, the cops asked the perp, "Why did you say 'Yes' when I
asked to search?" The answer was "I thought you'd be suspicious if I
said 'No'." Where's the logic in that?

"Extremism in defense of liberty is no vice, and moderation in
pursuit of justice is no virtue." -- Barry Goldwater

Dave
--
Dave Carpenter

Whatever you wish for me,
May you have twice as much.

"Sometimes I think we're alone in the universe, and sometimes I think
we're not. In either case the idea is quite staggering." -- Arthur C.
Clarke