kaplow firstname.lastname@example.org.TRABoD (Bob Kaplow) wrote in
And "probable cause" does not include the manner of transportation you
happen to be using or the time of day/night you are travelling.
"W. E. Fred Wallace" wrote in
The 4th Amendment;
"The right of the people to be secure in their persons,houses,papers,and
effects,against unreasonable searches and seizures,Shall not be
violated,and no warrants shall issue,but upon probable cause,supported by
oath or affirmation,and particularly describing the place to be
searched,and the persons or things to be seized."
"to be secure in their persons,houses,papers,AND EFFECTS..against
unreasonable searches"(no warrant or probable cause equals unreasonable)
This amendment is intended to limit government from interfering with the
citizens going about their business,unless there is probable cause or
warrant for doing so.
What mode of travel one uses,or the time of day/night one travels,should
You tell me. You did read them all, didn't you?
I wrote most of some of them, some of a couple, but two of the last 3 were
not written by me at all!
Bob Kaplow NAR # 18L TRA # "Impeach the TRA BoD"
>>> To reply, remove the TRABoD!
People are FAR too intimaded and ignorant (while their civil rights are
being uncharacteristicly violated) to have the presence of mind to say
that. That is a fact these CHECKPOINTS brely on.
In CA a checkpooint must have an "exit street before the checkpoint" for
people to turn off on if they do not want to go through the checkpoint.
EVERY car that uses it is pulled over by twice as many cops on the
turn-off as are at the checkpoint proper.
There is no SPECIFIC rule against that and it is OBVIOUSLY against the
spirit of the rule.
Police have no morals or ethics. They justify their moral vacancy by
claiming it is up to the judge. Unfortunately a DA is in the mix with
unbelievable power in the mix.
Including the ability to **coerce** a defendant into a plea bargain
(extortion) with no legal recourse.
I'm not trying to start any kind of flame war here (really, I'm not),
and I'm also one of those who doesn't appreciate some/many/most of the
things in this vein, but...
I thought the term used in the Constitution was 'due process', not 'due
cause'. Further, other related terms would be 'unreasonable search and
If the law has been approved by the legislature (at whatever level),
then 'due process' has been performed.
The only real 'open' question then becomes whether or not such a search
My own opinion is that it is unreasonable given the current state of
affairs where drunk drivers receive a slap on the wrist. However, if
the punishment for those convicted of drunk driving were actually
higher, I wouldn't necessarily find the 'drunk driving traps' unreasonable.
I realize this may sound a bit convoluted, but the fact that drunk
drivers aren't prosecuted is what makes the stops 'unreasonable' in my
eyes. And others may have opinions, but the reality is that one of the
things that jury trials are for is to apply the 'reasonable man' standard...
Welcome any (non-flaming) comments on this...
A few years ago, about 20 miles south of town, a State trooper pulled a
pick-up truck over for a minor offence on Interstate 57. While writing the
ticket, the trooper asked if he could search the truck. The driver said
"sure, go ahead". The trooper found a couple of kilos of cocaine in the
spare tire. When a reporter asked the trooper what he would have done if
the driver had refused to let him search the truck, the trooper said "I
would have let him go." Just another fishing expedition, and conclusive
proof that drugs really do make you stupid.
Did you see me quaff the 5th of Bacardi and then drive off? Is there
blood dripping from the trunk of my car? If not, it's unreasonable.
The fact that I am operating a vehicle does not mean that carte blanche
has been granted to community revenue enhancement officials to stop
me/search my vehicle/test my sobriety/etc. etc. etc., all in the name of
What emotion or rhetoric?
The 4th ammendment is pretty easy to comprehend. What is
incomprehensible is the blitheness with which people give up those
rights contained therein.