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Bend over, folks...



 
 
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  #11  
Old June 21st 07, 10:45 PM posted to rec.aviation.homebuilt
jl
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Posts: 13
Default Bend over, folks...

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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