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Chodeson
Perpetual Sinner


Registered: 03/25/10
Posts: 261
Last seen: 10 years, 9 months
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Potentially Genius Idea
#13208164 - 09/17/10 04:52 AM (13 years, 7 months ago) |
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keep a large envelope, addressed and stamped, in your car. if you get pulled over by the cops just toss your illegal substances into it and seal it up. the police wouldn't be open your mail, would they?
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Potentially Genius Idea [Re: Chodeson]
#13208172 - 09/17/10 04:56 AM (13 years, 7 months ago) |
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The mail thing is a myth. Some letter in your car isn't in the mailstream and would be treated as any other item in the car.
There is an advantage to keeping items in a small container unsuitable for guns or most knives in that terry searches would be more difficult to justify, but that's about all I can think off.
Sorry : (
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Chodeson
Perpetual Sinner


Registered: 03/25/10
Posts: 261
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Re: Potentially Genius Idea [Re: johnm214]
#13208188 - 09/17/10 05:10 AM (13 years, 7 months ago) |
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aww man, thats too bad. haha
how about locking it in your glovebox with the key? would they be able to open that?
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enthiangenic


Registered: 02/14/10
Posts: 527
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Re: Potentially Genius Idea [Re: Chodeson]
#13208193 - 09/17/10 05:12 AM (13 years, 7 months ago) |
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they opened mine...and the locked trunk...probable cause is a bitch
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Potentially Genius Idea [Re: Chodeson]
#13208200 - 09/17/10 05:17 AM (13 years, 7 months ago) |
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Quote:
Chodeson said: aww man, thats too bad. haha
how about locking it in your glovebox with the key? would they be able to open that?
Sealed containers of any kind are harder to justify, even the mail example, but this wouldn't be a serious issue to challenge.
If, on the otherhand, there was no key to the container, glovebox, and no way to open it at the time, it would help make a terry search less justifiable, as well as most probable cause searches.
If it could not be said by a reasonable officer that there was a reasonable fear of the contents of the glovebox being a threat to officer safety, then it becomes much more difficult to open it in a terry stop. If the occupants can't access the box, then how is it a threat to the officer?
Terry searches have flimsy backing all the time, but things like this do help. A locked box in the locked trunk is better still. If an officer does a search based on furtive movements, for example, how could that evidence provide probable cause to open a trunk and the box within it if that couldn't be accessed by the shifty occupants and hence couldn't be directly related to the shiftiness?
These are things that are helpful to think of when driving with private things.
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Chodeson
Perpetual Sinner


Registered: 03/25/10
Posts: 261
Last seen: 10 years, 9 months
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Re: Potentially Genius Idea [Re: johnm214]
#13208206 - 09/17/10 05:23 AM (13 years, 7 months ago) |
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thanks for the info
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4runner



Registered: 07/16/10
Posts: 15,406
Loc: State of Jefferson
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Re: Potentially Genius Idea [Re: Chodeson]
#13209614 - 09/17/10 01:33 PM (13 years, 7 months ago) |
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Something to think about also, or something that made me think. Whose address is on that envelope and what are you putting into it. That could be a completely different charge if found. Intent to send illegal stuff through the USPS, federal crime?
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ShroomyJohn
Stranger
Registered: 09/13/10
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Re: Potentially Genius Idea [Re: 4runner]
#13211879 - 09/17/10 10:02 PM (13 years, 7 months ago) |
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What if you closed an envelope up without licking it (just tucking it in) with somebody else's name on it, so that the stamp got processed and everything, then licked it shut. Wouldn't that then need a warrant to be opened since it wasn't opened, but processed through USPS?
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Potentially Genius Idea [Re: ShroomyJohn]
#13212820 - 09/18/10 04:19 AM (13 years, 7 months ago) |
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No, there is no magic mail exception, and something in your car or whatever isn't in the mailstream anyways.
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Jiggle
Peanut Herder



Registered: 01/13/10
Posts: 360
Loc: The South
Last seen: 11 years, 3 days
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Re: Potentially Genius Idea [Re: johnm214]
#13229404 - 09/21/10 10:37 PM (13 years, 7 months ago) |
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In my case my friend stashed his oz in a mcdonalds cup. They may have found it but they stopped searching after they found my two smaller bags in the glove box.. I was thinking maybe keeping an opened bag of K3 or spice in the car wouldn't be a bad idea if you were blunt cruising or something along those lines then you could claim it was a legal substance.
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