New warrantless search laws

Well, if they do find something illegal(drugs, weapons, explosives) they will be rewarded LEO's. It's their word agaisnt the accused... Think Nazi Germany Gestapo. The judge and jury will likely say, "Good Cop, gettin' this off our streets".

If nothing is found, again it's just the person scrutinized and put though that trauma for nothing has no real recourse. Actually, makes me want a dash camera(probably the only effective weapon against these Gestapo tactics).

These events deeply disturb me, and certainly don't make me feel more secure.

Example: Top Minnesota State Trooper unilaterally writes an enforecement procedure(law), the fatugue checklist, in which drivers can/could be stopped under penalty of the law.

This scares the crap out of me! Law enforcement cannot WRITE the laws! Period! This has happened before, Heinrich Himmler leader of the Nazi SS, Reichsfuhrer SS, and Gestapo commisioned laws in which his police enforced.

Folks, this is serious stuff!

 

In that case

* You have the right to remain silent and to speak to a lawyer BEFORE you talk to the police. Tell the police NOTHING except your name and address. Don't give any explanation, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
* Ask to see a lawyer immediately. If you can't pay for a lawyer, you have the right to a free one, and should ask the police how the lawyer can be contacted. DON'T SAY ANYTHING WITHOUT A LAWYER.
* Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, a bail bondsman, a relative or any other person.
* Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge on the next court date after the arrest.
* Do NOT make any decisions about your case until you have talked with a lawyer.

 

OTR500 having the authority to do something and actually doing it are two different things. As far as having probable cause it really doesn't take much. All the police need is a few witnesses stating they saw someone steal a few things and just gave a general description of a person and the vechile they were in. If you or your truck fits that general descirption then they have pc. Also if you refuse they can and will detain you till a warrant is issued. I had something like that happen to me while riding a bicycle and asked the officer what would have happen if I refused. He informed me I wouldv'e been detained and searched.

 

I have always been told the cab, is the ONLY thing they can search without your permission or a warrant. That they cant just go ranting through the sleeper. But if you allow them to cross that boundary, they will do as they wish because you did not tell them no. Even if they just say wow i like your sleeper, can I check it out and you say yes, you gave permission. I wouldnt be such a king kong about saying no to them wanting to search though. I am sure being that way to the officer would result in your being arrested.

 

if they detain you without probable cause, they are breaking the law. they can NOT detain you simply for refusing to consent to a search. if they HAVE probable cause, they don't HAVE to ask. if they have to ask, they DON'T have probable cause. what they are counting on is intimidating you into consenting. consent = legal search.

 

Check out this thread Ask A Trooper Anything The 5th post down ask

"If a cop asks me, "do you mind if I take a look inside your truck?" and I say, "Yes, I mind. I'd rather you didn't". What do you do? What's the law?"

 

I would suggest reading post 10.