A good reminder.......
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
URL: http://www.mapinc.org/drugnews/v08/n1040/a08.html
DRIVERS HAVE RIGHT TO REFUSE SEARCH
Police reports tell the story time and again.
A driver is stopped for a traffic violation and winds up in jail for carrying illegal drugs, alcohol or weapons.
A common subplot: Officers ask the suspects for permission to search their vehicles, and the suspects consent, even though the thumbs up almost guarantee their arrest.
A fact that poses the question: If guilty suspects are so willing to forgo their rights and submit to optional searches and seizures, how many law abiding citizens do the same?
"We live in a country where citizens are on equal footing with the government," said Monroe attorney Charles Kincaid, who specializes in civil rights. "We have a right not to consent or assist the government in making a case against us."
When stopped by police, drivers are required to give their license, registration and proof of insurance unless they have a search warrant. Nothing else.
Police can, however, search a vehicle or person without a warrant if probable cause exists to believe the driver is involved in illegal activities or if the driver gives consent.
Probable cause exists when an officer believes he has enough evidence to make an arrest. That evidence can range from nervous behavior, or a scent of alcohol or marijuana coming from a vehicle, West Monroe Chief of Police Christopher Elg said.
Officers can ask to search a vehicle without probable cause, but the driver can choose not to consent.
Before asking the driver to consent to a search, the officer should make it clear that the driver is free to leave, Elg said.
While it's true that some may not know their rights, Elg said police see another side. He believes one reason the guilty consent to searches is that they believe they can get away without being caught. Refusing a search "could be for a variety of legitimate reasons," Elg said. "It's not an indication someone is guilty."
No coercion should be involved, and officers can't use trickery, Elg said. But the fact that police do ask permission to search clearly has led to daily arrests.
One example of the good police work came last week, when state troopers from Troop F stopped an 18-wheeler carrying 70 pounds of cocaine. According to the arrest report, the driver gave the arresting officer consent to search his vehicle.
"To protect the innocent, rights have to apply to everyone," Kincaid said. "The extensive rights that we have are what separates us from other countires."
While the right to resist questioning and searches by police is only one example of how Americans can assert their rights, the risk of not practicing these and other rights could be serious, Kincaid said.
"If we don't exercise our rights, ... these rights are going to wither from use," Kincaid said.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
URL: http://www.mapinc.org/drugnews/v08/n1040/a08.html
DRIVERS HAVE RIGHT TO REFUSE SEARCH
Police reports tell the story time and again.
A driver is stopped for a traffic violation and winds up in jail for carrying illegal drugs, alcohol or weapons.
A common subplot: Officers ask the suspects for permission to search their vehicles, and the suspects consent, even though the thumbs up almost guarantee their arrest.
A fact that poses the question: If guilty suspects are so willing to forgo their rights and submit to optional searches and seizures, how many law abiding citizens do the same?
"We live in a country where citizens are on equal footing with the government," said Monroe attorney Charles Kincaid, who specializes in civil rights. "We have a right not to consent or assist the government in making a case against us."
When stopped by police, drivers are required to give their license, registration and proof of insurance unless they have a search warrant. Nothing else.
Police can, however, search a vehicle or person without a warrant if probable cause exists to believe the driver is involved in illegal activities or if the driver gives consent.
Probable cause exists when an officer believes he has enough evidence to make an arrest. That evidence can range from nervous behavior, or a scent of alcohol or marijuana coming from a vehicle, West Monroe Chief of Police Christopher Elg said.
Officers can ask to search a vehicle without probable cause, but the driver can choose not to consent.
Before asking the driver to consent to a search, the officer should make it clear that the driver is free to leave, Elg said.
While it's true that some may not know their rights, Elg said police see another side. He believes one reason the guilty consent to searches is that they believe they can get away without being caught. Refusing a search "could be for a variety of legitimate reasons," Elg said. "It's not an indication someone is guilty."
No coercion should be involved, and officers can't use trickery, Elg said. But the fact that police do ask permission to search clearly has led to daily arrests.
One example of the good police work came last week, when state troopers from Troop F stopped an 18-wheeler carrying 70 pounds of cocaine. According to the arrest report, the driver gave the arresting officer consent to search his vehicle.
"To protect the innocent, rights have to apply to everyone," Kincaid said. "The extensive rights that we have are what separates us from other countires."
While the right to resist questioning and searches by police is only one example of how Americans can assert their rights, the risk of not practicing these and other rights could be serious, Kincaid said.
"If we don't exercise our rights, ... these rights are going to wither from use," Kincaid said.
Last edited:
....
.....)
