Title: Kid tells Cop “No Warrant, No Search” Cop goes ballistic and it’s all caught on video Source:
Diary of a Lost Soul URL Source:http://richardemanuel.wordpress.com ... c-and-its-all-caught-on-video/ Published:Jan 16, 2012 Author:Lost Soul Post Date:2012-01-16 16:22:04 by abraxas Keywords:None Views:338 Comments:22
Kid tells Cop “No Warrant, No Search” Cop goes ballistic and it’s all caught on video January 14, 2012
A Police Officer gets Pissed when the young driver of an SUV refuses to let him search his vehicle without a search warrant. The Driver is perfectly within his rights, but the reaction of the Cop is what is almost important as the stand that the young man took in his refusal.
In this post 9/11 America, many of the laws that we grew up with prior to September 11, 2001 have been altered, and or disregarded altogether. This video, although humorous in one respect, displays why we all need to know and understand our basic rights. Here is some important information regarding searches and seizures in American law.
NOLO.com explains your 4th Amendment rights……..
The 4th Amendment to the U.S. constitution places limits on the power of the police to make arrests, search people and their property, and seize objects and contraband (such as illegal drugs or weapons). These limits are the bedrock of search and seizure law. This article covers the basic issues that you should know, beginning with an overview of the 4th Amendment itself. (To read the 4th Amendment and other amendments in the Bill of Rights, check out Nolo’s list of The Most Important Cases, Speeches, Laws & Documents in American History.) The 4th Amendment: Protecting Your Privacy
The Fourth Amendment to the U.S. Constitution reads as follows:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The search and seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against “unreasonable” searches and seizures by state or federal law enforcement authorities.
The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. In practice, this means that the police may override your privacy concerns and conduct a search of you, your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if:
the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or the particular circumstances justify the search without a warrant first being issued.
Search warrants are discussed in detail in Search Warrants: What They Are and When They’re Necessary. When the 4th Amendment Doesn’t Protect You
The Fourth Amendment applies to a search only if a person has a “legitimate expectation of privacy” in the place or thing searched. If not, the Fourth Amendment offers no protection because there are, by definition, no privacy issues.
Courts use a two-part test (fashioned by the U.S. Supreme Court) to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched:
Did the person actually expect some degree of privacy? Is the person’s expectation objectively reasonable – that is, one that society is willing to recognize?
For example, a person who uses a public restroom expects not to be spied upon (the person has an expectation of privacy) and most people — including judges and juries — would consider that expectation to be reasonable (there is an objective expectation of privacy as well). Therefore, the installation of a hidden video camera by the police in a public restroom will be considered a “search” and would be subject to the Fourth Amendment’s requirement of reasonableness.
On the other hand, when the police look for and find a weapon on the front seat of a car, it is not considered a search under the Fourth Amendment because it is very unlikely that the person would think that the front seat of the car is a private place (an expectation of privacy is unlikely), and even if the person did, society is not willing to extend the protections of privacy to that particular location (no objective expectation of privacy).
A good example of how this works comes from a U.S. Supreme Court case in which the court held that a bus passenger had a legitimate expectation of privacy in an opaque carry-on bag positioned in a luggage rack above the passenger’s head, and that the physical probing by the police of the bag’s exterior for evidence of contraband constituted a search subject to 4th Amendment limitations. (Bond v. U.S., 529 U.S.334 (2000).)
A Retired 25 year Veterean Police Officer turned Lawyer gives his perspective of illegal search and seizure…..
Never, ever waive any right thinking that they will be nice to you if you just let them look wherever they want and do whatever they say to do.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
Yeah, it seems that the cops drawers got wadded up all of a sudden.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
I don't know why people think that the cops are going to be good to them and not write the tickets if they just go along and waive their rights. If they stop you they probably intend to write you a ticket, even if it's just a bs thing about a seat belt or something.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
#6. To: TwentyTwelve, James Deffenbach, abraxas (#3)
Never, ever waive any right thinking that they will be nice to you if you just let them look wherever they want and do whatever they say to do.
Exactly.
In 21st Century Amerika one should, unless one is ignorant and stupid, have no expectation that the Police will behave honestly, ethically, morally, or justly. In too many locales the Police are no better than armed thugs with a badge. The Police should NEVER, NEVER, NEVER be trusted to behave decently or honestly. Yes, there may well be a few honest officers who do the job for the right reasons, but it comes down to how to tell an honest and ethical Cop from a Pig - and the answer is that there is no clear cut objective means to do so and thus one must treat all cops as though they are one of the Armed Thugs with a Badge. Combine that with the Police Omerta, reminiscent of the Mafia, where they will not testify as to the truth regarding another officer who IS a Pig then no officer is to be trusted. At this stage of the game they are no longer Peace Officer but ENFORCERS for the organized government crime syndicate.
"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha
Yet if you go through a Homeland Security Inspection Station (Border Patrol), they can take your car completely apart looking for contraband, drugs, or illegals. What is the difference?
Yet if you go through a Homeland Security Inspection Station (Border Patrol), they can take your car completely apart looking for contraband, drugs, or illegals. What is the difference?
The fiction that you have consented to the search by virtue of crossing the border.
"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha
Personally, I don't see any difference. I think it is both immoral and illegal for them to do any of that searching, at least if it is an American citizen, without probable cause to suspect some criminal activity and a warrant. But I suspect they will keep on doing what they're doing until it gets more costly for them to do their "job" than they are getting paid to do it.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
The fiction that you have consented to the search by virtue of crossing the border.
OI: There are numerous Border Patrol inspection stops across the United States. If they decide they want to inspect your car, or tear it apart, or detain you, they can, even though you are not an illegal.
I don't see any difference, either, JD. However, living in California, one is VERY aware of Homeland Security inspection stations by Border Patrol. You can't leave the city and go more than 30 miles and there is a stop.
One of my younger sisters got tired of having to roll down the window and acknowledge them every day as she travelled to and from the reservation for work. She refused to one day and almost ended up in jail.
When people start getting fed up enough and decide they won't be pushed any further there are not enough goons working for the government to protect those who see their mission in life as the overlords of the serfs and peons. When some of the TSA agents/Border Patrol agents start getting home visits and perhaps some drive by greetings they might decide the money they are getting may not be worth their life or the lives of their families. The Border Patrol is supposed to keep illegals out and their job is not to aggravate and harass American citizens. And as for the TSA idiots they shouldn't even have jobs. The Homeland Security apparatus should be disbanded and all their rat warrens boarded over.
Liberty is not a means to a higher political end. It is itself the highest political end. Lord Acton
The human herd stampedes on the fields of facts and the valleys of truth to get to the desert of ignorance. Saman Mohammadi
"If a politician found he had cannibals among his constituents, he would promise them missionaries for dinner." Mencken
"..if the military is going to defend our freedoms, then we need freedoms to defend. Our freedoms must be restored before the military can defend them..." Lawrence M. Vance
Você me trata desse jeito só porque eu sou preto. Junior (my youngest son)
That pig showed all the restraint of a three year old having a temper tantrum because he couldn't have more ice-cream.
It reveals the developmental delay in the mental capacities of our men in blue.
It is vital to understand that there is no truth without discernment and no wisdom without the truth. What then is “faith” but an effort to confound truth and wisdom?
The fiction that you have consented to the search by virtue of crossing the border.
OI: There are numerous Border Patrol inspection stops across the United States. If they decide they want to inspect your car, or tear it apart, or detain you, they can, even though you are not an illegal.
Those could possibly be challenged on 4th Amendment grounds, but I am not aware of anyone who has done it.
"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha
Yeah, I wonder too since the video was from the dash cam in the patrol car.
There is no honour among thieves, or in this case, among pigs.
It is vital to understand that there is no truth without discernment and no wisdom without the truth. What then is “faith” but an effort to confound truth and wisdom?
tell her to check out the videos at checkpointusa.org. It's just what you described- an american who does nothhing but politely refuse to answer any of their questions. He is genious & always, always wins. his videos are priceless.
"Even to the death fight for truth, and the LORD your God will battle for you".Sirach 4:28
its quite costly in time, inconvenience & potential loss of freedom to challenge these thugs. that is why they enjoy what they think is their power. I dont mind the border checks. but these internal checkpoints can be quite obnoxious
"Even to the death fight for truth, and the LORD your God will battle for you".Sirach 4:28