Re: "The Man" is holding me down

From: Mark (Gilpin.MCKnospam@lycos.com)
Date: Mon Feb 11 2002 - 09:16:29 EST


The first rule about vehicle searches, they have to have probable cause to
search a vehicle. If they have probable cause, they don't have to ask
permission. If they ask permission, they don't have probable cause. I would
fight the ticket, and mention the fact that they threatened you for
permission to search your vehicle. That alone will most likely get the
ticket thrown out just to try to keep you from pursuing the case any
further, and will most likely get the officer a nice little side bar with
the magistrate, after you have left. You have to admit that someone driving
around with a complete set of spare wheels in the vehicle is not an everyday
occurrence, and would probably raise suspicion in most cases. But the threat
of impound as a means of coercion to submit to a search is still illegal.

Mark



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