Search of a CHL holders vehicle

[skerbo]

if you have nothing to hide, whats there to be worried/upset about?

Yep, you're going to get quite the ribbing for this statement, and rightly so.

[revjen45]

Rooster wrote "I dont understand why people get upset about "unreasonable searches", if you have nothing to hide, whats there to be worried/upset about?"

If you're not a witch, then you won't mind if we look for the devil's mark, or prove whether you can swim while you're tied up. (If you float you're a witch, to be burned at the stake. If you drown you're innocent. It's all right there in the Malleus Malifecarum so you got due process.)

If you're not a heretic you won't mind discussing theological theory with the Holy Inquisition.

If you're not molesting chickens or beating your wife you won't mind if we put a camera in your home.

Remember, anything you say can only be used against you by the Persecuting Shysters Office, and a lawyer can twist anything to mean anything. Black is white, white is black, and both are a shade of purple.

Maybe you don't have any regard for your own privacy but please don't presume to speak for me.

[txinvestigator]

depends on the officers definition of probable cause...

LEOs can do pretty much what they want. you could possibly fight the "legality" of that situation, if you had lots of time and money. in the end, what would it solve?

i dont understand why people get upset about "unreasonable searches", if you have nothing to hide, whats there to be worried/upset about?

THE BILL OF RIGHTS


The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

[one eyed fatman]

if you have nothing to hide, whats there to be worried/upset about?

Yep, you're going to get quite the ribbing for this statement, and rightly so.

fraid so...

[oilman]

Txinvestigator,

Thanks for reminding us of our rights. If we forget they will eventually be eroded and we will lose them in the end.

[gigag04]

+1 on not speaking for me.

[AV8R]

I was asked to consent to a search a few years back, returning home from a long road trip at 3AM. The PC for the stop was an inoperative tail light, which appeared to be fine when we inspected it during the stop, to the chagrin of the officer. He was insistent about the search, which I declined, although I did offer to rest there in the vehicle until he could produce a valid warrant. I got the standard "what are you hiding" line of questions, to which I replied that my concern for procedure arose from my philosophical grounding in strict constructionism. He then threatened to call for a dog, and I thanked him for giving me the opportunity to rest for a couple of hours as he stood watch while waiting for the K9. Ten minutes in his car, and he released me.

Scroll forward to a few weeks ago, and I find myself in a restaurant, inviting Professor Jim Blackburn to our table after several of his party left. During the course of the evening, we had a lively discussion about Jim's favorite topic, civil rights (that is his specialty). Jim teaches a course at the Texas Tech Law School titled 'The Innocence Project.' The Innocence Project was started, and is still headed, by Barry Scheck, of O. J. Simpson DNA-trial fame. The goal of the project is to use modern scientific tools to find exculpatory evidence and use it to free wrongly-incarcerated, innocent individuals. Many innocent persons have been convicted based upon evidence improperly obtained, improperly analyzed, or in some cases, planted, by law-enforcement workers. The systematic disregard for Fourth Amendment protections is so ubiquitous in Texas that Professor Blackburn states unequivocally that "The Fourth Amendment does not exist in Texas."

For any of us who may in the future have the opportunity to consent to a random, groundless search, may we all be armed with knowledge of our rights, the ability to communicate our point of view in a courteous and clear way, and the expectation of being treated fairly and with respect from those in authority whom we may encounter. Most of us give our money and time to support our Second Amendment rights; let's do it equally for our Fourth.

[anygunanywhere]

Google such terms as "4th Amendment", "Terry Frisk" and other issues relating to probable cause and reasonable suspicion wit particular attention to what is proper and not during traffic stops.

Click on my constitution link for starters. The site has a seach engne. See what you find.

I keep relevant information on my hard drive and review the files often when on the road.

Oh, yes, along with gigag, +1 for not speaking for me too.

Anygun