STOP, DETAIN, SEARCH - What CAN an Officer Do Legally (IANAL)

[Deanimator]

Originally Posted by TaePo

Now, logic dictates that there is a high probability you are hiding something, so is the search on? But, I am thinking legally, they cannot search barring any RAS of a crime other than your taking the 5th.

Withholding consent and refusing to speak without counsel are NEVER probable cause, ANYWHERE.

[TaePo]

Originally Posted by Deanimator

Withholding consent and refusing to speak without counsel are NEVER probable cause, ANYWHERE.

You left this part out:

Of course, what probably happens is you're searched and anything that is found as 'contraband' is attempted to be suppressed by your lawyer.

What a gamble the law seems to have become IMHO.

Per statute, if violated, the object may be searched for and found, THEN, your lawyer has to move to strike later as inadmissable because the evidence was gathered illegally eg. no RAS or probable cause existed.

Not exactly synonymous with 'innocent until proven guilty' if you ask me. But I guess that is the way it is done and people are fine with it. Seems risky to me if you do accidentally or intentionally have a violation or contraband in your car.

[Deanimator]

Originally Posted by TaePo

You left this part out:



Per statute, if violated, the object may be searched for and found, THEN, your lawyer has to move to strike later as inadmissable because the evidence was gathered illegally eg. no RAS or probable cause existed.

Not exactly synonymous with 'innocent until proven guilty' if you ask me. But I guess that is the way it is done and people are fine with it. Seems risky to me if you do accidentally or intentionally have a violation or contraband in your car.

I don't. If a cop decides he's going to violate my rights to find out, he can expect to experience the administrative and civil litigational equivalent of the last thirty minutes of "Tombstone". There will be a reckoning, and without a shred of mercy or human compassion.

I hate bullies.
I hold grudges.
I have no sense of proportion.

If he's willing to operate under those rules, then I say "go for it".