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Old 01-30-2012, 08:39 PM   #169
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It is my extensive experience that no one prosecutes a 4th ammendment claim more vigorously than a law breaker.
It is my learned experience that no one defends the US Constitution more vigorously than the US military, the US supreme court, and the ACLU!

The US military oath..
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 01-30-2012, 11:04 PM   #170
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Quote:
Originally Posted by mythplaced View Post
It is my learned experience that no one defends the US Constitution more vigorously than the US military, the US supreme court, and the ACLU!

The US military oath..
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."

Agreed. And three cheers to the finest military in history bar none!!

This will be my final post on this subject as the tone has turned sour. Are there Cops that don't follow the rules and and break the law by violating civil rights? Yes.

There are bad apples in every profession. Ever hear of a doctor committing Medicare fraud or a senator violating his oath of office?

But let me assure you that most of the cops stand in the middle of the night telling crooks, "No, You will not victimize my community tonight." And they do their level best to protect and serve their communities. They are the FIRST line of defense in every community.

The original post asked if the cops can search his motorhome if he is pulled over or not. The answer is not simple. If the officer has stopped you while you are driving the motorhome, AND has probable cause or articulable resonable suspicion, he can search without a warrant.

If the motorhome is parked and set up for camping, it is no different than your residence/domicile.

If, however, no matter what is said here, you will always distrust all cops, next time your business is being robbed, your house burglarized, your child assaulted, call your insurance company and not 911. Those same scandalous cops will be responding to your plea for help.
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Old 01-30-2012, 11:12 PM   #171
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I contacted the WA State Patrol, the answer I received was: "It depends on the situation" and "each situation is different".

So the LEO will do what s/he wants, and you have to fight it in court.
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Old 01-30-2012, 11:14 PM   #172
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Those same scandalous cops will be responding to your plea for help.
And remember that SCOTUS has ruled that the police are not obligated to protect any individual citizen, they are there to protect the citizens in general. So you are responsible for your own protection.
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Old 01-30-2012, 11:48 PM   #173
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Originally Posted by Txcirclem View Post

If, however, no matter what is said here, you will always distrust all cops, next time your business is being robbed, your house burglarized, your child assaulted, call your insurance company and not 911. Those same scandalous cops will be responding to your plea for help.
It's like everything else a few spoil it for the many
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Old 01-31-2012, 06:08 AM   #174
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This will be my final post on this subject as the tone has turned sour.


......Those same scandalous cops will be responding to your plea for help.
Not "Sour", but a respectful discussion from differing perspectives (As afforded by the 1st Amendment to the US Constitution!)

I Never made any mention of "scandalous cops", I absolutely admire and respect the job they and others do.

I will eagerly call (when in need of assistance) those civil servants who accept a difficult and often unappreciated job who BTW are paid through my taxes!
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Old 01-31-2012, 09:29 AM   #175
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This will be my final post on this subject as the tone has turned sour.
I don't notice any sour flavor to this thread. It has been a civil and level headed discussion of the topic, IMO.
Quote:
Originally Posted by Txcirclem View Post
But let me assure you that most of the cops stand in the middle of the night telling crooks, "No, You will not victimize my community tonight." And they do their level best to protect and serve their communities. They are the FIRST line of defense in every community.
Most cops are good cops, just as most civilians are good people. Problem is, when you are in a 1 to 1 situation, you have no way to know whether you are dealing with a bad apple or not. If a traffic stop escalates to the point where a search is requested, it is time to get more people involved. That's where my refusal to consent happens. I want a supervisor there. One bad cop searching my vehicle is WAY more likely than a conspiracy of cops railroading me.
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The original post asked if the cops can search his motorhome if he is pulled over or not. The answer is not simple. If the officer has stopped you while you are driving the motorhome, AND has probable cause or articulable resonable suspicion, he can search without a warrant.
Yup, you're right. The guy with the gun and badge can do anything he wants to do. But if he chooses to search without my consent, he better be RIGHT about his suspicions or have a good lawyer.
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If, however, no matter what is said here, you will always distrust all cops, next time your business is being robbed, your house burglarized, your child assaulted, call your insurance company and not 911. Those same scandalous cops will be responding to your plea for help.
No one has said anything about distrusting all cops. I will, however, distrust any cop that requests to search my vehicle. Once a traffic stop escalates to that level, more people need to be involved.

I saw a sign in a store once, it said: "In GOD we trust (everyone else pays cash)" Same thing applies here. Just because a man has earned the privilege of wearing the uniform and taking the oath, does not make him automatically honorable. I do not blindly give my trust to ANY man, uniformed or not, until they have earned it. This doesn't mean I don't respect and appreciate them for the job they do. I most certainly do.

I do what is right, hope for the best, and be prepared for the worst.
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Old 02-01-2012, 09:36 AM   #176
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First line of defense is you..time from 911 to help..may be too late.
How long has it been since you seen 'to serve and protect' on police
cars? Now, they want the 'right report', to keep from being personally
sued and you may come in second...thanks to a few lawyers and a
few judges.
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Old 02-01-2012, 10:41 AM   #177
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If, however, no matter what is said here, you will always distrust all cops, next time your business is being robbed, your house burglarized, your child assaulted, call your insurance company and not 911. Those same scandalous cops will be responding to your plea for help.

And here I thought that this was a discussion about searches of motorhomes. Geeze, it sounds like someone didn't fully read the previous posts. Might have a few issues too (I can't find anywhere anyone talking about 'scandalous cops'). Maybe we hit a little 'too close to home' talking about the few 'bad cops' that the Forth Amendment is to protect us from.

BTW, when seconds count, cops are usually only a few minutes away. It is up to us to protect ourselves, The Founding Fathers did get a lot right. A pretty good job of it!

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Old 02-01-2012, 11:14 AM   #178
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A very good discussion I might add and quite civil in regards to topic spoken.
As previously stated I will not stand to an unwarranted search to my motorhome. If the situation escalates to such others will become involved, I will not stand alone. At first possible moment my Attorney will be notified as well.

Quote:
BTW, when seconds count, cops are usually only a few minutes away. It is up to us to protect ourselves, The Founding Fathers did get a lot right. A pretty good job of it!
Amen!
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Old 02-01-2012, 11:40 AM   #179
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As previously stated I will not stand to an unwarranted search to my motorhome. If the situation escalates to such others will become involved, I will not stand alone. At first possible moment my Attorney will be notified as well.
Agreed. I went from being detained and waiting for my motorhome to be towed to "you are free to go" when I asked that the cop's supervisor respond to our location. ...... I wonder why the cop changed position so quickly?
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Old 02-01-2012, 01:15 PM   #180
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You know as much as I hate to say it but as of recent times and I will take it back before 9/11, I would say that we are all considered criminals until we can prove otherwise and I don't like it!
Since 9/11, I do believe it has gotten worse....
Just my thoughts.
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Old 02-01-2012, 08:54 PM   #181
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Quite frankly, I can't understand why a cop would want to "randomly" search a motorhome.
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Old 02-01-2012, 10:04 PM   #182
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Quite frankly, I can't understand why a cop would want to "randomly" search a motorhome.
IMO I doubt they would, unless there was some other cause for suspicion.
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