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Message
re: Is Game Warden activity Constitutional
Posted on 3/26/23 at 9:19 pm to keakar
Posted on 3/26/23 at 9:19 pm to keakar
quote:
neither is illegal searches yet regular cops demand a right to search for no reason at all, just to go fishing for an excuse to harass you, then if you deny them permission to search, as is your right under the constitution, they use your refusal to give up your rights as justifiable cause to search since you are presumed to be hiding illegalities if you dont give up your rights. this is how every traffic stop ever made goes cop- can i search your car sir you - no cop- well saying no tells me you are hiding something cop- so now i have reasonable cause to think you are breaking the law, so now i have the right to search
Two things :
The officer must have had probable cause for the stop in the first place. Technically he can take you to jail for any criminal violation, even traffic. If that happened, your vehicle would be subject to an inventory search, and any illegal findings would stand.
OR
If an officer insists that you remain in the vehicle ( most do- stupid ), then he can search an area that is within your immediate reach for officer safety, and exception to the warrant. Any illegal findings would stand. This is mostly why most of them insist you remain in the vehicle. This is a bad move in my opinion. I made them get out & walk to the rear, but Not the passenger.
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