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 > Traffic Stop and Search of RV with no cause

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Robocop

Baltimore

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Posted: 07/27/08 09:41am Link  |  Print  |  Notify Moderator

Mandolin Guy wrote:

There are some states where all traffic violations are jailable offenses. That includes Georgia. Any violation on the books is a valid reason to stop in Georgia. That includes trivial things like having the license plate decal in the wrong place.


Don't think I will make 31 years on the job but I am still having some fun after 26 years.

If discretion is used all is well but when that type of statute is on the books it allows for abuse.

Kinda reminds me of Rambo in First Blood. Just trying to get through town.


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rondynowincomfort

Lebanon, OR.

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Posted: 07/27/08 10:06am Link  |  Print  |  Notify Moderator

Some people may consider it to be a small right but I consider it an important right, Privacy (honestly I don't even know it this is in the constitution.) If an officer has bonafide reason to search my vehicle then he can, but not with my concent, it will take more than that.
If an officer truly believes I am doing something outside the law, he can arrest me, impound my truck and search it or the tt. Then when they find nothing, my lawyer will demand an apology. I am after all such a desperado.

I to find it interesting that every police office who has posted said they will not allow a roadside search either.

Deputy Chief P.O.

Linden, California

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Posted: 07/27/08 10:36am Link  |  Print  |  Notify Moderator

I feel that had this officer encountered any LEOs, he would not have even asked to search their rig (Equal treatment for all under the law). Why do you think that might be?

It would be interesting to find out if any LEO here has been approached and requested search of their rig.

What makes this search unreasonable to me is the fact that he detained the OP for an 1.5 hours and damaged his property. This is unacceptable and should be subject to an Internal Affairs Investigation. Anyone who could condone this behavior needs it done to them.

* This post was last edited 07/27/08 11:08am by Deputy Chief P.O. *   View edit history





Mandolin Guy

West Central Georgia

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Posted: 07/27/08 10:52am Link  |  Print  |  Notify Moderator

Robocop, the fact that every traffic offense is an arrestable offense in Georgia could, indeed, lead to abuse however, that hasn't been a problem. From what I've heard, in the isolated cases where an arrest was made, it was because of problems with the attitude and demeanor of the driver.


David

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Robocop

Baltimore

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Posted: 07/27/08 11:51am Link  |  Print  |  Notify Moderator

Hah!

Were it for the negative attitude and demeanor of the operators I would be locking up far more folks than I do now!

They are all tools. How we employ those tools is based upon experience and discretion. Bringing the 'hammer down' could be interpreted literally or figuratively!

trucker495

Linden, CA

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Posted: 07/27/08 12:34pm Link  |  Print  |  Notify Moderator

I am utterly amazed at how many of you folks are willing to just let the law enforcement officer have his/her way with you!As I said in my previous post I have great respect for the law enforcement folks. I also know a couple who are total jerks(as in any other field)
The cop asked if he could do a search and the O.P. said yes! End of story. I will not consent to a search without a warrant period.

stevelv

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Posted: 07/27/08 06:11pm Link  |  Print  |  Notify Moderator

UpNorthFam wrote:

This is a very interesting debate and I too noticed that the cops on here all say that they will not consent to such a search. I am a cop also, as is my wife, and I would not consent to a search either. I would not debate, I would not answer any further questions after the request. I would simply say "Am I free to leave?"


Getting away from the argument of right/wrong/liberties etc because everyone has their own opinions.

If you were the LEO at this stop - had seen the RV behaving in a manner that required a stop (in this case no tags and speeding) and been alerted to something (whatever that may have been as we don't know as we weren't there) that caused you to want to perform a quick search and had they had answered as you state above - what course of action would you have then followed?

From reading the OP - I suggest the quick and perfunctory search became more protracted after the LEO discovered the cash - to me that was sufficient to generate major levels of concern as it would indicate the "potential" for drug carrying.


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Sea Dog

Ontario Can.

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Posted: 07/27/08 06:34pm Link  |  Print  |  Notify Moderator

It would be interesting to see how many would tell a customs officer at the border,(either one) that they could not enter the vehicle.


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UpNorthFam

Up North

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Posted: 07/27/08 06:43pm Link  |  Print  |  Notify Moderator

rondynowincomfort wrote:

Some people may consider it to be a small right but I consider it an important right, Privacy (honestly I don't even know it this is in the constitution.) If an officer has bonafide reason to search my vehicle then he can, but not with my concent, it will take more than that.
If an officer truly believes I am doing something outside the law, he can arrest me, impound my truck and search it or the tt. Then when they find nothing, my lawyer will demand an apology. I am after all such a desperado.

I to find it interesting that every police office who has posted said they will not allow a roadside search either.


The Texan

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Posted: 07/27/08 07:52pm Link  |  Print  |  Notify Moderator

Sea Dog wrote:

It would be interesting to see how many would tell a customs officer at the border,(either one) that they could not enter the vehicle.
You have no rights in "no mans land" while entering any country, your own or foreign. They have rules they are supposed to operate under, but it is not the rights guaranteed by the constitution.


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