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Title: Wash. man caught in HOV lane with unbuckled dummy
Source: [None]
URL Source: http://news.yahoo.com/s/ap/20090313/ap_on_fe_st/odd_hov_dummy
Published: Mar 13, 2009
Author: None
Post Date: 2009-03-13 22:51:15 by richard9151
Keywords: None
Views: 350
Comments: 8

Fri Mar 13, 3:11 pm ET

BELLEVUE, Wash. – You forgot to buckle up, dummy! A commuter who put a homemade dummy in the passenger seat to sneak into the car pool lane was caught Wednesday near Seattle. But it wasn't because a cop realized the passenger was fake. Instead, the State Patrol trooper noticed the dangling belt buckle on the passenger side and suspected a seat belt violation.

Patrol spokeswoman Christina Martin told The Herald of Everett that the driver acknowledged trying to beat traffic by using the HOV lane.

He created his passenger by draping a rain jacket over plastic piping, topping it off with a Halloween mask of Gandalf, the "Lord of the Rings" wizard, a beard and a baseball cap.

The trooper issued a $124 ticket and confiscated the dummy.

It wasn't exactly the kind of dummy I had in mind when I read the title........

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#3. To: richard9151 (#0)

under what pretext could the pig legally 'confiscate' the dummy?

Artisan  posted on  2009-03-13   23:50:13 ET  Reply   Untrace   Trace   Private Reply  

#4. To: Artisan (#3)

under what pretext could the pig legally 'confiscate' the dummy?

The dummy was subject to arrest because he was a seat belt violator and had no ID and therefore the arresting officer couldn't issue a citation in lieu of arrest....

(Or, perhaps the dummy matched the description of some other suspect)

But, seriously, because the dummy was obviously used to defeat the HOV lane law it was an instrument of crime, as are burglary tools or pre-arranged hooks inside a coat to assist in shoplifting.

A tool or implement used to assist in the commission of a crime may be subject to forfeiture, including the vehicle in some crimes. (most if not all states have statutory language to support this)

Suppose you like to smash mail boxes with a baseball bat or spray street signs with paint, and you are caught. Even if the damage amount made the offense a misdemeanor, would you demand that the officer return the bat or paint if he issued a citation instead of arresting you?

The difference between a hammer as an innocuous tool and a weapon is intent. If the dummy had only one purpose (and the offender wasn't a traveling window display/dummy rep) then the officer's confiscation will likely be sustained by the court.

Criminal forfeiture laws are as Amerikan as apple pie and have been expanded to positively absurd extremes since Nixon began warring on us.

Of course the IRS has been seizing the homes of surviving widows because dead husbands' commission (or omission) of "tax crimes" resulted in forfeiture since I don't know when even though taxes are supposed to be a civil matter.

These days the police can pretty much seize whatever, and the worst that can happen to the cops is, they have to return stuff on occasion-except for cash which certain departments consisting of criminal highwaymen will fight all the way to the SCOTUS to keep-if all other arguments fail the money is tested for the presence of drugs, and you know the rest....

HOUNDDAWG  posted on  2009-03-14 00:30:03 ET  Reply   Untrace   Trace   Private Reply  

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