Quote:
Originally Posted by Tcoat
How is a cop writing you a ticket for something that is against the law "abuse" and if I am not mistaken there are plenty of times they can legally search can they not?
And not sure you understand the word "usurp".
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The only time they can legally search your car is if there is reasonable suspicion that a crime has been committed that would require searching. They can sometimes get that by seeing something illegal in plain view.
If a dog hits on it that is trained for finding contraband, although even that is now suyspect because of controversy over the way dogs are trained to hit on command versus actually finding something.
Also the supreme court just recently ruled that officers cannot keep you longer than actual ticket in order to wait for a dog to arrive to try and hit on the car. This was due to cops not respecting people reserving their right to not consent to a search.
One of the dissenting opinions was a bit nonsensical even though it's probably accurate.
That was that cops would just make a routine traffic stop take longer so that they wouldn't have to keep them waiting.
That just isn't practical though. You could subpoena the records from that cop and get an average time for their traffic stop and if yours took longer it would be ruled unjustified. It's basically a check on abuses of authority.
Once a couple of times that the city and department (and individual officers as a circuit court ruled in florida) are sued, they'll start training their officers differently and officers will start acting differently.
I don't ever want to hear, "oh they're just doing their job". That would be like saying that a soldier rapes women in a foreign country because everyone else was doing it or their superiors told them to were just doing their job...
Their primary job as law enforcement in a free nation is to safe guard the liberties they are sworn to uphold. Just as military members' primary jobs are to support and defend the constitution against all enemies foreign and domestic. Their job is NOT to just do whatever their corporate masters tell them to do.
And yes, we are currently in the Incorporated United States of America and the incorporated State of California and the incorporated county of Riverside and the Incorporated city of Temecula. We have been living under corporate despotism since not long after the civil war and people are too wrapped up in keeping their own status quo to realize it.
Jaden