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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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OfflineHumility
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Search and Seizure Law - Extent of Searches, strip searches etc.
    #10587708 - 06/28/09 05:32 PM (14 years, 10 months ago)

Hello folks.  I've been brainstorming, and have also looked up state law (the actual written laws, annoying as fuck to read) and the matter still remains unclear to me. 

Perhaps people with experiences could give me a solid answer.

Were an officer to gain probable cause to search a vehicle in transit pursuant to a "traffic stop" or whatever other trumped up charge they want to make; and whether this probable cause were legitimate or not, to what extent does the officer gain the right to search one's person and property?  Just the car?  The car and a terry stop?  The car, a terry stop, and a full strip search + chemical sedation (after being held down) and a stomach pump if they want to (they love to force people to do things)?  Are there clearly defined limits somewhere?

Terry stop laws allow officers to stop people and pat them down for hard or pointy objects, "weapons", by definition, but if the officer HAS PROBABLE CAUSE and searches you and feels something that is clearly NOT a weapon, and as a result orders you to produce it, at which point you refuse, would this lead to being led to the station and strip searched?

I've thought about the possibility that cops could arrest you and then force you to abdicate your 4th amendment rights by telling you the "if you don't give us the drugs now, we'll find them when you get to jail and you'll get extra charges", and then either lie about the original charge they were "arresting" you for (say you assaulted them, or were fleeing an officer or whatever), or simply LIE about arresting you initially to your face (though you can bet your ass they'd have handcuffs on you and you'd be in the back while they tell you you're on the way to jail) and then simply say "they didn't have to tell us they had drugs on them".

Anyone have any real life experience to standing up to cops and going all the way, past the threats and everything?  Specifically stories about being physically searched (not a terry frisk, but a search of your car that led to a search of your person), especially if a dog alerted to you and that's what gave the officer(s) probable cause.

Much thanks all.


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InvisibleStonehenge
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Re: Search and Seizure Law - Extent of Searches, strip searches etc. [Re: Humility]
    #10598233 - 06/30/09 02:55 PM (14 years, 10 months ago)

A strip search can't be done on a whim. Cops have gotten into trouble for that and even been sued. A terry stop and search can be done on suspicion. If they find drugs that would be probable cause to search you further. A strip search has to be done in private by cops of the same sex unless there are special circumstances. There are no hard and fast rules that apply everywhere but that's usually the case.


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“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order


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