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Source:

http://www.deathandtaxesmag.com/185749/video-driver-refuses-to-prove-u-s-citizenship-at-police-checkpoint/

Can't really embed video here.

Clearly, we need the cop who kicked the handcuffed girl to properly address this situation...

The guy was within his rights..I think? The cops were fairly good natured about it.

GG

If it was a military check point that be one hurt unit of an individual.

I liked this exchange..

Cop: Sir..Please pull over to the secondary.
Dood: No I'd like to just go on my way..
Cop Sir please pull over to the secondary.
Dood: No I don't really want to.. I don't want to show you my Nazi papers either..

Classic.

GG

Good money says the police were briefed this was probaly more likely to happen

I want to sign up for this guys newsletter.

They have checkpoints where they ask you to prove your citizenship? This is some scary stuff.

He's a bit lippy but I think I would be to.

Next it be DUI check points or vehicle safety checkpoints. SOmething that would require you to show your DMV license. Always a way around something

The guy's blog makes me want to stab him in the face.

My old city that I lived in often did DUI checkpoints during any 3 day weekend or holiday. It was quite annoying.

I don't mind them asking if I've had anything to drink, and perhaps doing breathalyzer tests if someone acts suspicious, but if a cop EVER asks for my ID without reasonable cause then I'll just walk away(don't drive away from cops, it never ends well).

There was also a video last week of a cop searching someones garage sale without a warrant because a random person made claims that they were selling guns, without any kind of proof. The cop was video taped searching without a warrant.

Sadly, it's near impossible to file a formal complaint against a cop. When you ask for the form, the people at the desk want to know which cop it's for and why you are making the complaint before actually giving you the form, often denying the form at all. Basically you have to go to the police chief directly, and if he gives you gak then you have to start bugging the mayor about it. It's a boys club, so no one wants officer Mcdouchebag to get written up, so they make sure no one complains.

That's probably because things being sold at a garage sale are in plain view. He doesn't need a warrant to search things in plain view...

Of course, any person dumb enough to lay out some guns with price tags where anyone can see them at a garage sale probably deserves to be arrested.

Believe that falls under probale cause at the garage sell...did he buy anything though?

LordofHats wrote:That's probably because things being sold at a garage sale are in plain view. He doesn't need a warrant to search things in plain view...

Of course, any person dumb enough to lay out some guns with price tags where anyone can see them at a garage sale probably deserves to be arrested.

He was looking through boxes on private property without a search warrant. That is illegal.

Jihadin wrote:Believe that falls under probale cause at the garage sell...did he buy anything though?

They were selling orange tipped airsoft guns, which were all in plain view from the street. The cop started searching without bothering to ask if they were selling guns, at which point they could have explained the airsoft.

It's not even that the cop wanted to search, it's the manner in which he did it, and the fact that he was being a dick about it.

Aerethan wrote:He was looking through boxes on private property without a search warrant. That is illegal.

No its not. If I plant weed in my front yard the police do not need a warrant to come to my house and arrest me for possession (well they'd need a warrant for the arrest, but probable cause and all that they could probably do it on the spot and get it later). A garage sale is a public event. If you are inviting people to come to your residency and look through boxes you can't claim the police need a warrant to search those same boxes because you put them in public view.

I listened to this on the radio this morning. In Florida it would go down way differently.

In Florida we have Licence Checkpoints. where they pull you over to make sure everyone is a licenced driver. Some people tried to fight the checkpoints. A judge ruled that the checkpoint was a "minor inconvenience" to your 4th ammendment.

Now the cops have precedent. You try that here, not only will you get hampering, they'll get you for warentless wiretapping.


This is the same state where drones can search your yard and use thermal vision to look in your house. You know "do as I say, not as I do"

Why the feth is there a checkpoint checking for papers?

broodstar wrote:I listened to this on the radio this morning. In Florida it would go down way differently.

In Florida we have Licence Checkpoints. where they pull you over to make sure everyone is a licenced driver. Some people tried to fight the checkpoints. A judge ruled that the checkpoint was a "minor inconvenience" to your 4th ammendment.

Now the cops have precedent. You try that here, not only will you get hampering, they'll get you for warentless wiretapping.


This is the same state where drones can search your yard and use thermal vision to look in your house. You know "do as I say, not as I do"

The feth kinda ruling is that, ' Yeah this violates your 4th amendment rights, but only a little bit so its okay"

Honestly I'd prefer it if we had more routine checking of driver's licenses here. A whole lot of people have lost their licenses for multiple drink driving offences, racking up a load of speeding infringements, or failing to pay infringements, and from all reports most of them just keep driving anyway.

Because the only substantial police presence on the roads is speed cameras, there's basically zero chance of them getting caught driving without a license. They only get caught when they get in a serious accident, and by that point its too late.

broodstar wrote:This is the same state where drones can search your yard and use thermal vision to look in your house. You know "do as I say, not as I do"

While the other things you posted are accurate, this is not. A warrant is required to do thermal imaging of a home.

Ouze wrote:

broodstar wrote:This is the same state where drones can search your yard and use thermal vision to look in your house. You know "do as I say, not as I do"

While the other things you posted are accurate, this is not. A warrant is required to do thermal imaging of a home.

That's ignored pretty often. Most traffic choppers and police helicopters have thermal imaging and you can be damn sure all those Americas Most Wanted chasedown videos didn't have warrants backing up the use of the camera.

LordofHats wrote:

Aerethan wrote:He was looking through boxes on private property without a search warrant. That is illegal.

No its not. If I plant weed in my front yard the police do not need a warrant to come to my house and arrest me for possession (well they'd need a warrant for the arrest, but probable cause and all that they could probably do it on the spot and get it later). A garage sale is a public event. If you are inviting people to come to your residency and look through boxes you can't claim the police need a warrant to search those same boxes because you put them in public view.

Ummm, weed in your front yard=probable cause. A yard sale is not probable cause, nor does it make your property public. At any time you can tell people to get off your lawn. Old toys and clothes do not change that.

Aerethan wrote:Ummm, weed in your front yard=probable cause. A yard sale is not probable cause, nor does it make your property public. At any time you can tell people to get off your lawn. Old toys and clothes do not change that.

No. What changed it is that you asked people to come look at your stuff. If Joe Schmo can see it, the police don't need a warrant to do the same.

They do if they want to step on to your property. They can look all they want from the street. The people in your property are there at your permission. If you want them off, they have to leave. No one invited the cop on to the property, and he wasn't there in any legal capacity such as an emergency or with a warrant.

You saying they can search my car as well if I'm trying to sell it and let people look at it?

youbedead wrote:

broodstar wrote:I listened to this on the radio this morning. In Florida it would go down way differently.

In Florida we have Licence Checkpoints. where they pull you over to make sure everyone is a licenced driver. Some people tried to fight the checkpoints. A judge ruled that the checkpoint was a "minor inconvenience" to your 4th ammendment.

Now the cops have precedent. You try that here, not only will you get hampering, they'll get you for warentless wiretapping.


This is the same state where drones can search your yard and use thermal vision to look in your house. You know "do as I say, not as I do"

The feth kinda ruling is that, ' Yeah this violates your 4th amendment rights, but only a little bit so its okay"

He claimed it was ok because of safety concerns.

Checking for a valid license is still a little understandable, if convoluted. Literally asking people for their papers on the other hand...

Aerethan wrote:You saying they can search my car as well if I'm trying to sell it and let people look at it?

No but a car isn't a yard that has been turned into a store. If a cop walks into a store and sees something illegal he doesn't need a warrant anymore than a cop who walks into a yard sale.

EDIT: Warrants are to protect ones privacy which does not include all private property.

Aerethan wrote:He was looking through boxes on private property without a search warrant. That is illegal.

I suppose an important point to solve this question is:
were these boxes open or closed? did the cop have to open any doors or otherwise circumvent obstacles to get to them?

As to that video: Man, something is wrong with the combinations lately. The gakky cops get the innocent victims, and the gakky civs get the good-hearted cops. Can't they mix that around a bit?

If you actively claim a legal right, e.g. by driving, or asserting the rights due to a citizen, it's reasonable you should be expected to prove that you hold the status you claim.

Aerethan wrote:Checking for a valid license is still a little understandable, if convoluted. Literally asking people for their papers on the other hand...

This will start to go off toward the voter ID issue, but not to far.
I want you to think of everywhere you have to show ID: to purchase a gun, to see a doctor, for jury duty, to see a public official, etc, etc.
Yet there is a problem whenever you want to check the immogration status of someone or check if it is ok for them to vote.

If I have probable cause to suspect you're under 18 for a pack of Marlboros or 21 for a Bud. I'm not a cop yet you'll pat me on the back when I check ID when I deny a soldier a beer.
When cop asks someone if they're sapposed to be here, it's not only wrong. I get the argument about the 4th, but to call probable cause that someone is here illegally or checking if the person legally able to vote, racist.

I'll stand with people all day who have a clear 4th ammendment argument, but I can't stand calling a cop or poll watcher racist because they are trying to do their job.