Court Reminds Police That Refusing A Search Isn't Inherently Suspicious Behavior
" the Tenth Circuit Court pointed out that "nervousness" does not equal reasonable suspicion, although the totality of other elements (rented car in another's name, inconsistent travel plans) certainly did. - https://www.techdirt.com/articles/20150 … vior.shtml
US-born citizen NASA engineer Sidd Bikkannavar at Houston January 31 Order by CPD to unlock work phone from the NASA Jet Propulsion Laboratory. "Citizens must surrender laptops and phones if a border agent asks for them, but not passwords or social media information, CAIR-Florida spokseman Wilfredo A. Ruiz said. Border agents might give the device back and let the person go. Or they might hold onto it and seek a warrant to break it open. Or a wide range of responses in between" - http://www.cnn.com/2017/02/13/us/citize … rder-trnd/
CPD searches extend to digital devices but can not force you to unlock your device. If refuse - you will be held up for hours and hours and denied reentry.
"Mr. Elsharkawi, who lives in Anaheim with his wife and three children, said requesting legal assistance appeared to inflame his situation.
“I opened the doors of hell when I asked for a lawyer,” he said. “They just started attacking me verbally. ‘Why do you need a lawyer? Are you a criminal? What are you hiding?’" - https://www.nytimes.com/2017/02/14/busi … .html?_r=0
Privacy Impact Assessment for the Border Searches of Electronic Devices August 25, 2009
https://www.dhs.gov/xlibrary/assets/pri … laptop.pdf
I wish there were more people who understood their Constitutional rights, and were able to assert them in a non-aggressive, but firm, way. The 4th amendment is one of the clearest amendments there is:
"[t]he 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."
Law enforcement officers need to learn that none of these things is probable cause:
Someone making eye contact with you
Someone photographing/ filming you (unless this is a violation of a specific state law, which it shouldn't be anyway)
Someone refusing to answer questions
Not carrying a form of ID
Not being white
Someone knowing, and asserting, their Constitutional rights
Law enforcement must respect the Constitution, and if they don't then they should receive disciplinary action.
"I wish there were more people who understood their Constitutional rights, and were able to assert them in a non-aggressive, but firm, way. "
So do I, but there is a major problem when those rights sway with the current political climate. The 4th amendment, for instance; what is "probable cause"? What is "shall not be violated", considering that SWAT routinely breaks down doors without a warrant. What is "effects" (Wikipedia says "property") considering that cars need a whole section of law just by themselves?
It sounds really simple, but it isn't.
From what I understand, a mobile home has less rights as does a car than a regular home where they need a warrant.
?? mobile home or motor home? The first is a trailer that is placed semi-permanently on a piece of ground or even permanently on a foundation and usually has the wheels removed, the second a motorized camper that is used to travel in and seldom stays in one place for very long.
BOTH, yup both. "Carney found the motor vehicle exception to apply to a motor home." - wiki
No, not both. From the same article: "The court did however, make a distinction between readily mobile motor homes and parked mobile homes. A number of factors including, the home being elevated on blocks, whether the vehicle is licensed, and if it is connected to utilities determine if the motor vehicle exception applies."
The mobile home being used as a home (parked, on blocks, unlicensed for travel and hooked to utilities) is different than a "motor home".
But it is interesting that the IRS considers a motor home to be the same as a stick built home on a foundation for tax deduction purposes. If it has cooking and bath (and any but the tiniest motor home has both) facilities it qualifies for a home mortgage interest deduction.
Probable cause: reason to believe a crime has been committed, is being committed or is about to be committed.
Violation: searching, detaining or arresting without probable cause (see above)
Effects: your property
Seems pretty simple to me.
Which includes cars (and your person) - cars that appear to be a separate case under the law.
Perhaps a part of the problem (or most of it) is that it takes the opinion of a judge to determine what probably cause is. After all, the person being searched is never given the full history and story - they may match perfectly a witness description, for instance.
by ga anderson 23 months ago
Sparked by the recent Buffalo shooting, the governor of a state that already had Red Flag laws, as an option, has made a filing mandatory. Without a pro or con intent, that seems to say that any police response to a relevant complaint will automatically result in the confiscation of any known guns...
by Paul Wingert 12 years ago
I crossed into Iowa from Illinois last week on Interstate 80 and I was confronted with orange signs posted by the sheriff department (I think it was the Sherriff or higway patrol) stating they were searching for drugs and vehicles are subject to search and be prepared to stop. When a cop pulls you...
by Mike Russo 11 years ago
I watched Piers Morgan's show twice, once with Alex Jones as his guest and then again with Ben Shapiro as his guest. Both of these people believe that is necessary for citizens to have high capacity assault weapons, like AR15's to protect themselves from the eventual tyranny of their own...
by Chris Mills 11 years ago
Would you ever consider a life of full time traveling, living in a large motor home/travel trailer?Here is the scenario. I will soon have all the details worked out for a job that will take me to a different U.S. location every 13 weeks. I plan on selling my home to my older son...
by ga anderson 16 months ago
CNN said it so it must be official, Democrats agree there is a border crisis.https://www.cnn.com/2022/12/16/politics … index.htmlPres Biden has a plan, he's building more border walls.Biden administration working on more fixes to Trump border wall construction.Title 42 was trashed as...
by Heidi 11 years ago
Do you think requiring identification to vote is a a violation of Constitutional rights?There have been boycotts against Coca-Cola for their support of voter i.d. requirement. There have been protests against various state legislations requiring i.d. The fallacy? Some sects find...
Copyright © 2024 The Arena Media Brands, LLC and respective content providers on this website. HubPages® is a registered trademark of The Arena Platform, Inc. Other product and company names shown may be trademarks of their respective owners. The Arena Media Brands, LLC and respective content providers to this website may receive compensation for some links to products and services on this website.
Copyright © 2024 Maven Media Brands, LLC and respective owners.
As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.
For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://corp.maven.io/privacy-policy
Show DetailsNecessary | |
---|---|
HubPages Device ID | This is used to identify particular browsers or devices when the access the service, and is used for security reasons. |
Login | This is necessary to sign in to the HubPages Service. |
Google Recaptcha | This is used to prevent bots and spam. (Privacy Policy) |
Akismet | This is used to detect comment spam. (Privacy Policy) |
HubPages Google Analytics | This is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy) |
HubPages Traffic Pixel | This is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized. |
Amazon Web Services | This is a cloud services platform that we used to host our service. (Privacy Policy) |
Cloudflare | This is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy) |
Google Hosted Libraries | Javascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy) |
Features | |
---|---|
Google Custom Search | This is feature allows you to search the site. (Privacy Policy) |
Google Maps | Some articles have Google Maps embedded in them. (Privacy Policy) |
Google Charts | This is used to display charts and graphs on articles and the author center. (Privacy Policy) |
Google AdSense Host API | This service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy) |
Google YouTube | Some articles have YouTube videos embedded in them. (Privacy Policy) |
Vimeo | Some articles have Vimeo videos embedded in them. (Privacy Policy) |
Paypal | This is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy) |
Facebook Login | You can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy) |
Maven | This supports the Maven widget and search functionality. (Privacy Policy) |
Marketing | |
---|---|
Google AdSense | This is an ad network. (Privacy Policy) |
Google DoubleClick | Google provides ad serving technology and runs an ad network. (Privacy Policy) |
Index Exchange | This is an ad network. (Privacy Policy) |
Sovrn | This is an ad network. (Privacy Policy) |
Facebook Ads | This is an ad network. (Privacy Policy) |
Amazon Unified Ad Marketplace | This is an ad network. (Privacy Policy) |
AppNexus | This is an ad network. (Privacy Policy) |
Openx | This is an ad network. (Privacy Policy) |
Rubicon Project | This is an ad network. (Privacy Policy) |
TripleLift | This is an ad network. (Privacy Policy) |
Say Media | We partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy) |
Remarketing Pixels | We may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites. |
Conversion Tracking Pixels | We may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service. |
Statistics | |
---|---|
Author Google Analytics | This is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy) |
Comscore | ComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy) |
Amazon Tracking Pixel | Some articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy) |
Clicksco | This is a data management platform studying reader behavior (Privacy Policy) |