by Len Hart, the Existentialist Cowboy
Commit this to memory:
"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."
--Fourth Amendment, U.S. Constitution
Bottom line ---unless the officer wanting to harass you, search your car, pester you or argue with you can PRODUCE a WARRANT issued by a judge that describes 'particularly' the article that you are suspected of possessing, you need not submit to any search whatsoever. You know that! The judge knows that! But 'hot dogs' cops either don't know it or don't care or both! It is bitter irony that many who have had the law on their side have become victims of those who either care nothing for the 'rule of law'. An alarming number of these nimrods resent the fact that you have rights; as many resent legal restraints upon their conduct. Almost as many are not in the least bit concerned about your rights as a law abiding citizen and tax payer.
Before you can be arrested, police must present the 'probable cause' that you have committed a crime to a judge before a warrant for either search or arrest can be issued.
Police may not --legally --conduct fishing expeditions, blanket searches, harassment! Information is reliable if it shows that it's more likely than not that a crime has occurred and the evidence sought exists at the place named in the search warrant, or that the suspect named in the arrest warrant has committed a crime.
Police may not --legally --conduct fishing expeditions, blanket searches, harassment! Information is reliable if it shows that it's more likely than not that a crime has occurred and the evidence sought exists at the place named in the search warrant, or that the suspect named in the arrest warrant has committed a crime.
These restrictions on unreasonable searches and seizures effectively restrain those cops who may wish to take you into custody but cannot without a warrant. Producing probable cause is the responsibility of the police and it follows from the 'presumption of innocence'. That is not your problem! The fact is "unreasonable searches and seizures" are illegal. Any search is illegal if not authorized by a warrant and NO warrant shall be issued but upon 'probable cause'! Therefore, you are not required or expected to do the cops' job for them. And if they do not know what their job is or how to do it they should resign immediately accompanied by a big 'STFU'!
An example of what cops are capable of occurred in Houston some 20 years ago. Cops, responding to a disturbance, arrested an hispanic Viet Nam war hero who was accused of creating a row in a bar.
He was beaten so badly by the cops that the jailer refused to admit him; he ordered the cops to take him to a hospital. Instead, they took him to a dimly lit area on Buffalo Bayou between downtown and the city's River Oaks/Memorial area. There they beat the holy hell out of him while shackled. Then they leveraged him out over the bridge and DUMPED him into the inky dark waters of Buffalo Bayou some 20 ft (or more) below.
He drowned and the cops --to Houston's credit --were made to stand trial for murder! They were convicted! I covered the trial.
If you should get stopped by a cop who persists and despite not having a warrant FORCES a search upon you, get his badge number!
- SUE him!
- Demand that he be dismissed without pension!
- FILE charges against him!
- Sue either the city, the state, the district!
- Sue the bastards!
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