Sounds to me the cops where looking for a reason to pull you over 65 in a 60
seems a little picky.
As for the search. Cops can say anything they want to you (short of
threatening physical harm) to persuade you to cooperate. Whether they could
or could not impound your truck based on junk on the floor and the tires in
the bed, I don't know. But I think it is a little weak. I would have asked
them for probable cause and if they thought the tires were stolen (or for
that matter what they could see on your floorboard) it would have to appear
on some list of stolen goods in there possession. Now this is not a legal
opinion, just a laymen's opinion on my understanding of our rights. Also
note when I was younger I, was parked with my girlfriend (now my wife) by a
park. We weren't doing anything, just talking. The cops pull up behind us
and come up to the car. Ask the usual questions which we politely answered.
I guest there was a beer can in the gutter so the cop swung open my
passenger door and asked if that was my beer can. I responded no and told
him he had no right to open the door. Scared my girlfriend, thought I had
crossed the line, but the cop backed off.
Regarding police officers. I respect them greatly, they have a tough job. In
my rare dealings with them I am always polite and will do what they ask as
long is it does not cross the line and take away any of my constitutional
rights. With that in mine, we need to remember that in the officer's world
having just pulled you over, you are guilty. It is not a stretch for them to
see the tires in the back of your truck and think they are stolen. Nor to
see the plastic cup on the floor and to think it has held alcohol. While we
are innocent until proven guilty. The cops what us to think we are guilty
and we have to prove our innocents. This is not the case. When and if I
every get pulled over by an officer of the law, I will cooperate and supply
him with the required paperwork. If he asks me to step out of the car, I
will, locking the door behind me. In order to search my car, even if I have
nothing to hide (which considering I don't partake in any illegal activities
would be the case), he will need a search warrant. If they choose to take me
in (for whatever reason, and even if they don't formally arrest me) I will
remain silent and ask for an attorney. Theory being, they are taking me in,
they must think I'm guilty of something.
Regarding using an attorney. Seems that guilty people tend not to ask for an
attorney, thinks it makes them look guilty, while innocent people obtain
them as soon as they can. Also, young people may not ask for an attorney,
which allows the police to subject them to long hours of questioning until
the person confesses to the crime just to get the questioning to stop. A
number of these confessions have turned out to be false, thought not all
have had their convictions overturned. My advice, if they take you in to the
station, request an attorney, even if they say you don't need it. If they
say you don't need it, then ask if you can leave? If you can't leave, you
need an attorney.
I realize I've rambled a bit here. And if someone cares to differ with me or
discuss this with me, lets move it to offtopic.
One other thing (climbing on liberal soapbox). My assumption is that most of
the members on this list are white (realize this is a generalization) and
sometimes, as in Jay's case we get stopped by the police (justified in most
cases). Imagine how many more times this would happen if you were black (off
of soapbox).
Miles Harris
Simi Valley, CA
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