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On Jun 21, 5:00 pm, "Maxwell" wrote:
wrote in message ups.com... Well, I don't know what police state you live in, but in the state of Idaho, police don't get to go around demanding to see your ID on the spot unless you are doing something that is in violation of a law. They don't get to pull you over either unless they have have violated a traffic law. Double check the laws in your state. Your statement is incorrect. I believe *your* statement to be incorrect. In my state of North Carolina (as well as the law in the other states I'm familiar with), a vehicle may not be legally stopped without some reason, such as a traffic violation. And you may read Terry v. Ohio on the question whether a pedestrian may be stopped, but you can't just stop any pedestrian without some reasonable suspicion. The Fourth Amendment applies to the states as well as to the federal government. It has been incorporated into state law by the 14th Amendment. For a while cops set up traffic stops and stopped every car coming through. When they found the courts were throwing out their cases for these dragnets in violation of the Fourth, they then began putting up signs with "Drug Checkpoint Ahead" or "Sobriety Checkpoint Ahead" and nabbing the motorists who hung a "U" or turned off at the next connector. Now that's not to say that cops don't break the law because there are few sanctions against them with any teeth. You're not ordinarily going to get into the bad cop's pocketbook or get a lien on his house, but you can file a motion to suppress evidence he has seized from you in violation of your 4th Amendment rights and pursuant to the landmark Scotus case known as Mapp vs. Ohio. And if the cop doesn't lie you'll usually win. |
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