December 04, 2008, 01:32:45 pm *
Welcome, Guest. Please login or register.
Did you miss your activation email?

Login with username, password and session length
 
   
  Home   Forum   Help Search Calendar Google Map Subscribe Links Gallery Contact Login Register  
Advertisement
Latest Gallery Images.... +-

46
Comments (0)
By: tjavery

48
Comments (0)
By: tjavery

34
Comments (0)
By: tjavery

30
Comments (0)
By: tjavery
Pages: 1 2 3 [4]   Go Down
  Add bookmark  |  Send this topic  |  Print  
Author Topic: Border Agents Can Search Laptops Without Cause, Appeals Court Rules  (Read 2502 times)
Undertaker
Mountain Lion
******
Offline Offline


Posts: 843


Cookin BBQ for Trail Rides and Contest


WWW
« Reply #45 on: August 02, 2008, 10:43:45 am »

Presidio, I agree with you completely, I do use high end computer security while traveling, If the police wish to search you car or truck and you refuse, they can hold you to do it, even easier call the game warden anywhere in the state they have the right to search your vehicle anytime anyplace, looking for illegal game. If they find something then they now can turn you over to the officers on the spot. Security is a tough thing to have in the open society in which we chose to live. It's like wives or girl friends can't live with them, pass the beer nuts.  eusa_dance eusa_dance
Logged

Visiting BB since 1966, nothing like being lost and finding heaven.
presidio
Soaptree Yucca
Mountain Lion
******
Offline Offline


Posts: 2136



« Reply #46 on: August 02, 2008, 02:16:53 pm »

If the police wish to search you car or truck and you refuse, they can hold you to do it, even easier call the game warden anywhere in the state they have the right to search your vehicle anytime anyplace, looking for illegal game. If they find something then they now can turn you over to the officers on the spot.

At all places not under the border sphere of influence, when the police are asking if they can look in your vehicle you can decline the request. In fact, in order to even stop you (again, not border related) they must have, in order of increasing reliability, reasonable suspicion, probable cause, or direct observation of crime.

However, ANY irregularity (read minor violation, like taillight out or speeding) will give cause to stop, even if that is not the reason why they want to make the stop (this is called a pretextual stop). So, it usually is relatively easy to articulate that a stop is lawful.

But, once stopped and having dealt with the reason for the stop, there is no further way to detain unless they discover some other indication of criminal activity via the plain-sight or plain-smell test or you say something incriminating, EXCEPT if they ask you to allow a consent search.

So, if they neither see nor smell nor hear anything, and the stop was not due to some other narrow set of circumstances (such as a homicide or kidnapping witness describes a vehicle closely matching yours) the only LAWFUL way into your vehicle is to request you submit to a consent search.

As has been discussed here before, you do not have to agree to such a search and the officer must tell you that you are under no requirement to submit (however, this usually only occurs if someone asks if they have to allow the search). There is a frequently advanced opinion that refusing a request to search casts suspicion and may create a circumstance permitting further probing. It does not. The reason they are asking is precisely because they have no other legal means of going further into your affairs. An ample body of case law makes this very clear.

These kinds of searches begin very innocuously...you get a ticket or warning for speeding and then you are asked 'do you mind if I look in your trunk?' or some small variation designed to hopefully get you to agree. It's a valid technique and no LEO worth his pay would pass up the opportunity to take a peek.

As for me, I mind very much and the answer would be 'I do mind and no you're not looking'. All done very politely of course.

If you agree to a consent search, you have no further legal protection against any illegal evidence found. As also has been discussed, there are an incredible number of criminals who do agree to a consent search even though they know evidence will be found during same. It defies logic, but people do it all the time.
Logged

___________
<  presidio  >
Paul Bonnard (Rossano Brazzi): One gets to imagine strange things in the desert.
Joe January (John Wayne): Yeah, one meets them too!
Legend of the Lost (1957)
Pages: 1 2 3 [4]   Go Up
  Add bookmark  |  Send this topic  |  Print  
 
Jump to:  


©2005-2008 BigBendChat.com
Brought to you by VirtualBigBend.com

BigBendChat.com is not affiliated in any way with the U.S. Dept. of Interior, the National Park Service, Friends of Big Bend,
The Big Bend Chamber of Commerce, The Brewster County Chamber of Commerce, or the Big Bend Natural History Association
Powered by MySQL Powered by PHP Powered by SMF 1.1.7 | SMF © 2006-2008, Simple Machines LLC , SMF Links, SMF Gallery, SMF Articles, Member Maps and EzPortal Valid XHTML 1.0! Valid CSS!