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re: Illegal immigrant sues police for doing an "illegal search and seizure"?
Posted on 3/21/17 at 2:50 pm to HeyHeyHogsAllTheWay
Posted on 3/21/17 at 2:50 pm to HeyHeyHogsAllTheWay
quote:All this is true, and had the police arrested the guy and properly impounded his car, he'd have no leg to stand on. Instead they cuffed him and rooted around in his glove box on the roadside, found his MX birth certificate, then called ICE, and only THEN was he arrested. All they had to do was take him downtown and fill out a little extra paperwork, and they couldn't even be arsed to do that. I like the 4th Amendment a little too much to excuse that kind of lazy policing.
What you are discounting is this.
When you get stopped for driving without a DL in most states now, the car is towed and impounded, they won't let anyone drive it off.
Thus, the search is categorized as an inventory so the police can assure that your vehicle is eventually returned with all its contents intact. And if they happen to find something illegal in it during said inventory, that's too bad for you.
This post was edited on 3/21/17 at 2:55 pm
1
Posted on 3/21/17 at 2:51 pm to HeyHeyHogsAllTheWay
quote:
When you get stopped for driving without a DL in most states now, the car is towed and impounded, they won't let anyone drive it off.
Thus, the search is categorized as an inventory so the police can assure that your vehicle is eventually returned with all its contents intact. And if they happen to find something illegal in it during said inventory, that's too bad for you.
Beat me to it. Furthermore, if I cannot determine the identity of the driver (he or she) comes with me to get identified. If that means we wait until prints go to the FBI so be it. No due process deprivation there.
Posted on 3/21/17 at 2:56 pm to Iosh
quote:
All this is true, and had the police arrested the guy and properly impounded his car, he'd have no leg to stand on. Instead they cuffed him and rooted around in his glove box on the roadside, found his MX birth certificate, then called ICE, and only THEN was he arrested. All they had to do was take him downtown and fill out a little extra paperwork, and they couldn't even be arsed to do that. I like the 4th Amendment a little too much to excuse that kind of lazy policing.
Well here is another point. Did they ask if they could search the vehicle? The article doesn't say. IF you ask and the person doesn't affirmatively say no, you may search away.
Again , people need to learn their rights.
Posted on 3/21/17 at 3:19 pm to HeyHeyHogsAllTheWay
quote:
Well here is another point. Did they ask if they could search the vehicle? The article doesn't say.
No, it doesn't say, but they probably did not ask for consent. It would definitely make this a moot point.
Again, people are putting the cart before the horse on the "incidental to arrest" search exception... they had yet to arrest him. Read that 10 times.
You see, a big problem with law enforcement is that when you exercise your rights, the cuffs come out and you end up sitting in the back of the patrol car, 9 times out of 10. They need to calm down.
9.9/10 times, if you turn down a car search, you are getting cuffed, seated and will wait on the side of the road until an available drug dog comes along, be damned that the Supreme Court ruled that was illegal (to escalate a traffic stop into a drug investigation with no cause at all other than refusal of consent).
Phew.
Oh, and the next time it might be one of you peckerwoods who gets the Royal roadside treatment. Think about that...
This post was edited on 3/21/17 at 3:21 pm
Posted on 3/21/17 at 3:25 pm to tke857
quote:
isnt covered by the 4th amendment right since he is not a citizen
Wrong. It shouldn't be. But your wrong.
Posted on 3/21/17 at 3:38 pm to texashorn
quote:
peckerwoods
wth?
Posted on 3/21/17 at 3:43 pm to PaperTiger
quote:
Illegal immigrant sues police
quote:
for doing an "illegal search and seizure"?
Oh my word.
Posted on 3/21/17 at 3:46 pm to Five0
No need to get upset, I'm white with family from Georgia and South Carolina and my granddaddy said "peckerwood" all the time.
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