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Unconstitutional search and seizure

Abby Newman was arrested for not showing ID in August 2000 and fell victim to an illegal vehicle search in which police found items of subversive literature, including a "pocket Constitution."

Egregious misinterpretation and abuse perpetrated by the very members of society supposedly in place to guarantee our freedoms.
Fletchsays...

Ugh... Alex Jones. This is pretty old, and infuriating. Granted, you'll only see the "bad cop" videos online, but cops nowadays are frickin' pussies. Today, they would have just tasered her. "Our laws"... wow.

yoghurtsays...

Aren't you required by law to identify yourself to a police officer and present id (if driving a vehicle) regardless of whether you have done anything wrong at all? In other words, this is not the way to deal with being pulled over, and by refusing to identify herself, this woman gave the officer probable cause to search her car.

aaronfrsays...

yeah yoghurt, that has always been the case. when you obtain a driver's license you agree to identify yourself when you are driving your vehicle. unfortunately, after the passage of the patriot act you are now required to identify yourself any time a police officer asks you to do so.

also, i don't think that refusing to identify yourself should be construed as probable cause to search you. it just takes the definition too far. for example, if an officer asked if he could search your car and you said no, he could then interpret that as probable cause to search your car. it's really just a slippery slope.

gorillamansays...

Your constitution is a very fine document, one which I envy frequently as a non-American, but it lacks one essential provision - the right of a citizen to defend themselves with any necessary force against violations of their rights, even by police officers.

If that woman had pulled out a gun and killed those two fuckwits she would have done nothing wrong in my eyes or those of any decent human being.

quantumushroomsays...

Technically, when you're pulled over by the police while on the road you are "under arrest". If that were not the case you'd never stop. The fact that there are so many people crying "police state" is proof that we don't live in one.

jonnysays...

>> ^quantumushroom:
Technically, when you're pulled over by the police while on the road you are "under arrest".


No you're not - it's called being detained. An arrest is explicitly for the purpose of forcing appearance before a court to answer charge(s) of a crime.

And as for poor Ms. Newman here, she should brush up on her legal knowledge before going off like that. Implied consent allows police to set up random checkpoints wherever they want. It doesn't automatically allow a vehicle search, but abusive and uncooperative behavior pretty much does.

dagsays...

Comment hidden because you are ignoring dag.(show it anyway)

^what the hell is that? - a very interesting bit of wrestling drama. Is the script that they are tempting a recovering alcoholic? Pretty deep for pro wrestling.

toastsays...

>> ^jonny:
And as for poor Ms. Newman here, she should brush up on her legal knowledge before going off like that. Implied consent allows police to set up random checkpoints wherever they want. It doesn't automatically allow a vehicle search, but abusive and uncooperative behavior pretty much does.


At what point was she abusive? He asked her a couple of times to tell him who she was and immediately he was there forcing her door open. How threatening is that.

I am not sure about whether it's illegal to not tell him who she was or not, but regardless she was making a stand. If more people made a stand, he would think twice before acting like that - the power has gone to his head.

She was happy to go and speak to his supervisor - why can't he take her in quietly to speak to him?

direpicklesays...

>> ^BatmanX:
ugh - you people are amazing.
learn the law.
Upon lawful request, any individual must submit identification to a police officer.
Look it up.


If you're driving a car, yes. Otherwise, you are required to identify yourself, but you do not need to "submit identification." You just have to say, "My name is <X>."

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