|
|
Scot Concerned Citizen
Joined: 06 Aug 2007 Posts: 8
|
Posted: Mon Aug 06, 2007 2:12 am Post subject: Concerning car searches |
|
|
|
Barry,
I am interested in your own personal take on whether or not a messy car is a deterrent for LE to conduct a search.
Specifically, I carry around a toolkit and various cables, tripods, tote bags of related camera and audio gear, as well as lots of maps, business papers, books, magazines, paper towels, hand wipes, etc.
Although I clean the car thoroughly from time to time, a manual search of my vehicle would not be easy. Nothing in my car suggests drugs, weapons or anything else illegal. I simply do not carry these items in my vehicle, ever, except when I need to transport a small stash to my home.
From a purely profiling point of view, it is a smaller American-made vehicle, is a very common color, and has no mods, stickers or other accessories at all, inside or out. Also, there is no ashtray available for this make and model vehicle, which is overtly obvious when you look into the vehicle, even standing from outside of the driver's window, looking inward.
Would you (have been) less likely to search a vehicle that has water & soda bottles, recently consumed food wrappers, and other similar trash along the floorboard in the back seat of a vehicle, in conjunction with all of the other items I mentioned previously?
I know it would take a considerable amount of time to do a thorough search, but would an LEO be somewhat deterred or swayed from seaching because of this? |
|
| Back to top |
|
|
FZRaven Activist
Joined: 07 Aug 2007 Posts: 290 Location: Vermont
|
Posted: Tue Aug 07, 2007 10:30 am Post subject: |
|
|
|
| I can't say anything about officers searching for narcotics. But i was once pulled over because my car fit the description of a car that had been seen in the area of some thefts. They wanted to search my car, knowing i had nothing in it i let them. I had some bottles, wrappers and a bunch of tools. They did a pretty quick search didn't really look around to much. |
|
| Back to top |
|
|
Scot Concerned Citizen
Joined: 06 Aug 2007 Posts: 8
|
Posted: Mon Aug 20, 2007 10:16 pm Post subject: Concerning messy cars as a search deterrant... |
|
|
|
Barry, what is your take on this situation?
Thanks,
Scot |
|
| Back to top |
|
|
Scot Concerned Citizen
Joined: 06 Aug 2007 Posts: 8
|
Posted: Sun Aug 26, 2007 10:33 am Post subject: QUESTION FOR BARRY |
|
|
|
| <BUMP> |
|
| Back to top |
|
|
Buck Antiprohibitionist
Joined: 24 Apr 2007 Posts: 68 Location: Southern US
|
Posted: Sun Aug 26, 2007 8:08 pm Post subject: |
|
|
|
| I work in a truck and a van and the back is always full of all kinds of crap and parts. I've been pulled over a few times traveling out of state and they looked pretty good in the cab and front of the van but never looked in the back or tool bins other than to just open the tool bin doors and then shut them. |
|
| Back to top |
|
|
narcdet Civil Libertarian
Joined: 21 Aug 2007 Posts: 100
|
Posted: Sun Aug 26, 2007 10:30 pm Post subject: Messy Cars |
|
|
|
I can tell you as a cop that if I really want to nail you and I think you have anything in your car that will help me do that that I will search every inch of that vehicle, messy or not. However, if I have just pulled you over on a random traffic stop and I don't really think you have anything I may see if I can get consent to search and then I would search, but I would not put alot of effort into it.
Alot of it does depend on your attitude. If you are friendly and respectful etc. AND you are not really giving me indicators you have anything in the car...if my "dope radar" is not going off you would probably be good. On the other hand, if you are a smartass or just have a bad attitude that is going to make me want to get you I will look in your car thoroughly if given the chance. |
|
| Back to top |
|
|
Scot Concerned Citizen
Joined: 06 Aug 2007 Posts: 8
|
Posted: Wed Aug 29, 2007 12:26 pm Post subject: Reply from Barry? |
|
|
|
Thanks for the input, guys. That is kind of what I suspected.
Barry, what is YOUR take on this matter?
Thanks for taking the time to respond, I appreciate it.
Scot |
|
| Back to top |
|
|
Barry CEO/NeverGetBusted.Com
Joined: 03 Apr 2007 Posts: 640 Location: Texas
|
Posted: Sun Sep 02, 2007 11:21 am Post subject: |
|
|
|
Messy cars were always a deterrent to me but as Narcdet said, if I really believed you had drugs, I would search through the mess. You are safer to have all this clutter in you auto though. A lot of tools is especially difficult to search through because they are usually greasy and heavy.
I cannot tell you whether I would profile your vehicle or not until I have a description of the driver and occupants. If you are the driver and you look like a clean cut average person, I probably would not be interested in you driving that type of car.
A lot of fast food wrappers and such scattered through out the car is also a deterrent for law enforcement.
It sounds like you drive the "drug cops nightmare to search car."
Take you stash home in the rain and you probably will never be bothered!
Barry |
|
| Back to top |
|
|
Scot Concerned Citizen
Joined: 06 Aug 2007 Posts: 8
|
Posted: Sun Sep 02, 2007 1:13 pm Post subject: RE: Car searches |
|
|
|
Thanks for your reply, Barry!
I look clean cut, short hair, (mostly) neat dress, etc.
FYI, I never carry stuff around in the car just to have it on hand, it goes from point A to point B (home) and then STAYS there. All MJ is consumed at home, never transported elsewhere.
Also, I typically have gloves, a wool cap, winbreaker and a spare T-shirt that I carry in the car, as well as a tool kit (perfect place for stashing Hemostats...is that RESIN or ROSIN from my soldering iron? It gets used for both, and wiped clean after MJ use), video equipment, a small amount of trash etc. (which DOES get thrown away regularly, but Kleenex, drink containers, receipts, mail, etc accumulates quickly every week).
I actually TRY to keep it clean, but I am on the go so much, it makes it difficult / impossible to deal with on a daily basis.
I have been stopped several times in the past, and often wondered if this attributed to the lack of search, even though I was carrying at the time.
Last but not least, I have been patted down on a couple of occasions where I was carrying on my person. This was over 20 years ago, and I used that old hippie trick where you flatten out the MJ and bag and run it along your calf in your sock. The cops never found it, but it was risky, which is why I don't carry it that way anymore. Now, it is bagged inside a typical sandwich bag, then a ziplock bag and transported near my private parts.
I have been stopped several times and that has worked every single time. Cops never, ever pat your groin area for fear of legal reprisals in this day and age.
Besides, they might think they will be accused of being gay, like certain senators in recent news.
Hey, no foot-tapping going on HERE! LoL!
Scot |
|
| Back to top |
|
|
freesoul Antiprohibitionist
Joined: 27 Jul 2007 Posts: 10
|
Posted: Wed Sep 05, 2007 11:58 am Post subject: |
|
|
|
why in the world would someone ever give consent to be searched??? Don't give cops the chance!!!!  |
|
| Back to top |
|
|
Scot Concerned Citizen
Joined: 06 Aug 2007 Posts: 8
|
Posted: Wed Sep 05, 2007 1:15 pm Post subject: RE: Consent to search |
|
|
|
Who said anything about consent to search? Certainly not ME.
These cops simply forced themselves upon me, all four of them, in a "gang up and intimidate" manuever.
In light of what actually took place, I took the most logical stance-do nothing, let them continue their Gesapo tactics.
Here in S.C., you would be well-advised to do the same. That's sad to say, but it is the truth.
The outcome was what I wanted in the first place: they left me alone after hassling me for 10 minutes or so, they found nothing, and I am here today to laugh about it, not moan about an arrest 20 years ago.
I would never willingly consent to a search, whether I was carrying of not. That being said, I have always tried to remain calm and respectful, even thanking the LEO after their stop was over (except for the guy who lied in court about me speeding 5 months ago, when I was at a dead stop! No thanks for him! He is the epitome of the power-mad scumbag element that is present here and there in LEO, no different than any of the OTHER criminals he arrests. And YES, he IS a criminal. It is highly unlawful to knowingly commit perjury and to manipulate a court system, but that is an entirely different story. As in all things, good and bad can be found most everywhere).
/end rant.
Scot |
|
| Back to top |
|
|
Barry CEO/NeverGetBusted.Com
Joined: 03 Apr 2007 Posts: 640 Location: Texas
|
Posted: Fri Sep 07, 2007 6:07 pm Post subject: |
|
|
|
Refusing consent works sometimes but is not always the best solution. As I explain in my DVD, if you have a small amount of marijuana hidden really well, it is a better idea to give consent. The cops usually check the glovebox, trunk and under the seats then let you go. If you refuse, the cops call K-9's and ten other police to do a thorough search.
I know refusing is our right and I love this right more than anybody but I also know if you ever refused consent with me, you got searched harder and longer and would go to jail if I could find anything!!!
Unfortunately there are very few cases where an arrested persons charges were dismissed in court because they refused consent and the cops searched anyway. Remember, the cops can do a weapons pat down of your car upon refusal or they can cause a dog to false alert.
Barry |
|
| Back to top |
|
|
|