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Old 01-25-2012, 08:17 AM   #127
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Sad news this morning reported this morning from the Associated Press:

"FBI arrests 4 police officers in Conn. bias probe"

For all of those on here who have not been treated unfairly and have expressed speculation that the Police Offer was just 'doing their job' when stopping and wanting to search a vehicle, unfortunately there are some Officers out there who are not doing it for legitimate law enforcement reasons. Thank you Founding Fathers for the Constitution and our free Nation, even with it's faults, and thanks to those in law enforcement who do an honest and fair job.
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Old 01-25-2012, 10:04 AM   #128
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.....Thank you Founding Fathers for the Constitution and our free Nation, even with it's faults, and thanks to those in law enforcement who do an honest and fair job. [/FONT][/SIZE]
Hear Hear!
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Old 01-25-2012, 10:37 AM   #129
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and I believe that those 4 are "innocent until proven guilty".
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Old 01-25-2012, 12:22 PM   #130
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and I believe that those 4 are "innocent until proven guilty".
Agree! However, the feds don't make that kind of arrest without knowing they will win in court - usually. Searching on the information tends to let one believe that it is a closed case. Time will tell.
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Old 01-25-2012, 12:39 PM   #131
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In EVERY scenario the driver should assert his 4th amendment right to refuse consent to search. No one should EVER consent to allow their RV to be searched. There is NO advantage to ever consent to search, even if you have nothing to hide.

Make the officer say that you are 'BEING DETAINED", and make him search without your consent if he wants to search.
If you refuse they can detain you for a reasonable time while waiting for a dog or warrent. This wait can take up to 1 hr according to the courts. I was detained in Ark. and profiled. 45 minutes later after the search I was cited for reckless driving........crosswinds were 25-30 gusts, hell yes I was weaving a little. I called my brother who is a LEO in Ca. and he said to let them search, cause if I refuse, I will be sitting cuffed and waiting for them to "look" in the coach. I told them I did have a CC permit and was carring 2 loaded weapons in the coach. They had no problem with my weapons. Nothing found ......... just a bunch of crap.
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Old 01-25-2012, 02:20 PM   #132
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............. I was detained in Ark. and profiled. 45 minutes later after the search I was cited for reckless driving........crosswinds were 25-30 gusts, hell yes I was weaving a little. ............ They had no problem with my weapons. Nothing found ......... just a bunch of crap.
Well put Fred, and you hit on a valid point. Most cops are good, but a few are bad and sometimes they abuse their position. Sitting all day in a 'speed trap' has little to do with good law enforcement and a lot more to do with generating revenue. Times are tough and municipal budgets are getting squeezed and motorhomes can be seen as 'easy money'. First, if you have one, you must be rich. Second, you are probably not local, and more likely to pay the ticket rather than show up to contest it, (and if you do....continuance-maybe you won't show up a second time). And third, if they can get a look around inside, something innocent could be construed or used out of context. ("That corked bottle of wine in the fridge looks like an open container to me, and one without our county's tax stamp on it")
After all, how reasonable was the initial reason to stop you in the first place.........And remember, while you are sitting on the side of the road at their whim, they are on the clock getting paid to do this to you.
I have nothing to hide, but having been stopped before for a 'fishing expedition', I know that abuses do take place once in a while.
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Old 01-25-2012, 02:31 PM   #133
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Given the years and miles most of you travel and and the few times you have gotten stopped, I would be more worried about how I or my family member gets treated for an ailment by my doctor, or the under performing tires I was sold for my RV. You know, things are likely to happen to you and will make a difference in your life......
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Old 01-25-2012, 04:38 PM   #134
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If you refuse they can detain you for a reasonable time while waiting for a dog or warrent. This wait can take up to 1 hr according to the courts.....
Yes, they can. They aren't likely to unless they have some reason to suspect you. Refusal to consent to search is NOT probable cause to search. If they tell you that you are being detained, ask them why. They have to have a valid reason to detain you. Usually, unless they have a valid reason to detain, simply asking "Am I free to go?" will get you on your way. If they say no, it means you're being detained and opens a legal can of worms for them.

Now, common opinion is, they can trump up anything they want and make your life as miserable as they want to come up with plausible probable cause. That doesn't mean you should bend over and take it. Legally, I stand by my earlier assertion: It's never to your advantage to consent to search, no matter whether you have something to hide or not. You may have to put up with an hour of their self-incrimination bully tactics, but when you go to court your lawyer will congratulate you for refusing consent, and taking the 5th if necessary.
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Old 01-25-2012, 09:18 PM   #135
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Yes, they can. They aren't likely to unless they have some reason to suspect you. Refusal to consent to search is NOT probable cause to search. If they tell you that you are being detained, ask them why. They have to have a valid reason to detain you. Usually, unless they have a valid reason to detain, simply asking "Am I free to go?" will get you on your way. If they say no, it means you're being detained and opens a legal can of worms for them.

Now, common opinion is, they can trump up anything they want and make your life as miserable as they want to come up with plausible probable cause. That doesn't mean you should bend over and take it. Legally, I stand by my earlier assertion: It's never to your advantage to consent to search, no matter whether you have something to hide or not. You may have to put up with an hour of their self-incrimination bully tactics, but when you go to court your lawyer will congratulate you for refusing consent, and taking the 5th if necessary.
Just curious to know how much you are paying that lawyer to congratulate you?
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Old 01-26-2012, 05:15 AM   #136
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Just curious to know how much you are paying that lawyer to congratulate you?
(Yes lawyers are expensive, but the ACLU will defend pro bono)

Defense of constitutional rights is worth ANY COST,

INCLUDING my life which I would lay down to protect and defend the rights afforded by the Constitution of the United States of America.


(Vets, thank you all for making this vow!)

The Oath of Enlistment (for enlistees):

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."

The Oath of Office (for officers):

"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance tot he same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."
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Old 01-26-2012, 07:36 AM   #137
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Just curious to know how much you are paying that lawyer to congratulate you?
20% of the settlement I get from the state, and a nice steak dinner.
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Old 01-26-2012, 08:10 AM   #138
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I think law enforcement all over the place has forgotten about that old motto, "to protect & to serve" because these days they for the most part dress up in their urban warfare costume and treat people like they are suspects. Last year I had Las Vegas PD do a felony stop on me because I looked like a suspect, guns drawn on me, face down on the asphalt etc. After being handcuffed, although they had my ID from my wallet and could figure out I am not who they are looking for, they still searched my truck. With all my stuff scattered on the sidewalk a Sgt. came along and had them unhandcuff me and let me go.
Before they left I not so politely told them all exactly what I thought about them.
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Old 01-26-2012, 08:14 AM   #139
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Now that I think about it, I will be picking up my first motorhome tomorrow. If I have an open bottle of Vaileys Irish Cream back in the kitchen and get pulled over, will that be an open container should I get pulled over?
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Old 01-26-2012, 08:57 AM   #140
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Now that I think about it, I will be picking up my first motorhome tomorrow. If I have an open bottle of Vaileys Irish Cream back in the kitchen and get pulled over, will that be an open container should I get pulled over?
Laws vary by state, but I think open containers have to be within reach of the driver. Regardless, the officer can write anything he wants on the ticket, it's ultimately the judge who decides whether a law was broken or not.
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