ANST - Gulf Wars - Alcohol

j'lynn yeates jyeates at realtime.net
Sat Feb 6 13:41:52 PST 1999


lessons learned on the road in four wheel and on two wheel machines ...

On 6 Feb 99, at 14:00, ShipMaria at aol.com wrote:

> As we were on our way back from Battle of the Pines last year, we got
> stopped and searched and all our alcohol "confiscated as evidence" 

while it may not be a tactic for everyone (your particular call) police have no 
right to search your vehicle *without* your permission (as set forth in a 
recent supreme court decision).  politely decline (helps to have a witness)

place anything legitimate that you are carrying but that might be used against 
you in a *locked* and non-transparant container as far fromn the passenger 
compartment as is feasible ... if they ask for permission to search it (and by 
law they must), you have the option to politely decline.  the only legal way 
they can detain you and force a search is with a warrant based on probable 
cause, and a routine traffic stop is not probable cause for a vehicle search.

if something legal is siezed as "evidence", it is your right to demand a 
specific and itemized receipt from the officer, escpecially if it is of value.  
if there is a arrest (a ticket is a arrest), make sure that all materials are 
itemized on the arrest report.  failure to do so is a fast way to get a matter 
thrown out of court (been there, done that ...).  if this is not done, make 
sure you file a specific complaint with the court involved. 

in all of the above cases, you are placing yourself in the line of escalating 
hassels, but the officer involved is also placing themselves at legal risk and 
they know it.  objective to to let the officer know that you know your rights 
and will not be bullied ... 

downside, you may spend time in jail now and again, but then such is the price 
if defending ones rights.  

in all cases, remember the caveat of "out of sight, out of mind" ... keep 
liquer, blades, etc *locked* away.  make sure neither yourself nor your 
passengers are carrying "illegal's".  always travel in your "civvies", keep as 
much of the "odd" gear (armour, shields, etc.) underneath something "normal" 
(camping gear, tent's, etc....).  don't stand out, and if they ask, you're 
simply going camping. 

and most important, stress that in a stop situation *everyone* in the vehicle 
is to keep their mouths shut except for answering direct questions by officers. 
volunteer *nothing*, expand on *nothing*.  give them no additional cause to 
detain you.  make sure your passengers understand that you as driver are the 
primary "point of information" in a stop.  

too many times have i had to deal with *idiot* passengers shooting their mouth 
off, annoying the cops, and escalating the situation, ... usually just about 
the point where i had things quietly and reasonably resolved.  needless to say, 
these people are no longer welcome to travel with me.

'wolf

... When we hunt, we all function with one mind
... - Boingo, Pedestrian Wolves
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