Traffic Violation Arrest.

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OneManRevolution
Antiprohibitionist

Joined: 08 Apr 2007
Posts: 88
Location: Carrollton, TX

Posted: Sun Apr 08, 2007 12:14 pm Post subject: Traffic Violation Arrest.

I've seen cops arrest someone for the traffic violation, so the could search the car. Is this valid if the decision is made in response to a refusal? Does it matter in court if the arrest was a retaliation for not giving up your rights?

Barry
CEO/NeverGetBusted.Com

Joined: 03 Apr 2007
Posts: 595
Location: Texas

Posted: Sun Apr 08, 2007 9:11 pm Post subject:

Police can perform two legal searches after every arrest: 1) Search Incident to Arrest...This means after a citizen is arrested, their person and auto can be searched. 2) Inventory Search...The intention of this search is to log all property in the citizens vehicle to protect the citizens property while in jail.

The truth: It is common for police to arrest a person for the traffic violation (this is called "instanter") so they can "search incident to arrest" and "inventory search."

The courts have ruled if contraband is located during either two searches, it can be used as evidence.

Police will threaten to arrest and inventory the vehicle upon hearing a refusal. If this does not scare the motorist into giving consent, THEY WILL ARREST AND INVENTORY because the motorist refused consent. This is illegal and can be beaten in court but usually is not because the officers' ill intentions have to be proven.

This method along with K-9 false alerts is another underhanded, hard-to-prove technique police use to trample citizens' 4th amendment rights.

Not all officers commit this illegal act but a great majority do.

Hope this helps.

Barry

Mr.C
Problem Child

Joined: 15 Jan 2008
Posts: 615

Posted: Sun Mar 09, 2008 12:49 am Post subject:

Barry,,can you think of any way we can protect ourselves from this behavour above? (instanter)

do the cams mounted in the cars help prevent this? and where are the microphones located? can they take you out of the microphones range to threaten or cohearse an individual?

Thanks

sharpend43
Antiprohibitionist

Joined: 14 Mar 2008
Posts: 27
Location: Newark DE

Posted: Fri Mar 14, 2008 4:07 pm Post subject:

WOW,

do some research!!
The US Supreme court has already covered this issue. You cant threaten to make arrest if they dont give consent, to get an inventory search. Its a case out of IOWA. look it up.

narcdet
Civil Libertarian

Joined: 21 Aug 2007
Posts: 100

Posted: Fri Mar 14, 2008 5:45 pm Post subject:

That's why a smart cop will never actually threaten to arrest you if you don't consent to a search. He will simply ask for consent and if you refuse he will then arrest you for the charge anyway and go ahead and search. I have asked for consent many times even though I knew I was going to arrest them. My reason for doing so is that I already know that I will be free to search after the valid arrest but if I also get consent that is one more legal obstacle they have to overcome if they want to fight it.

Mr.C
Problem Child

Joined: 15 Jan 2008
Posts: 615

Posted: Fri Mar 14, 2008 6:21 pm Post subject:

sharpend43 wrote:

thanks for the info there good buddy,,my research skills are a little rusty.matter of fact i havent researched anything since third grade.you really progressed the converstation along,,have you ever seen how far some people are made to stand away from the cars?

thanks for the info narcdet..honestly appreciate it

socrateez
Stoned Philosopher

Joined: 01 Feb 2008
Posts: 1225
Location: I'm the person to your right.

Posted: Fri Mar 14, 2008 8:02 pm Post subject:

Proof positive. Knowledge wielded properly is power.

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