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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #16  
Old 11-03-2009, 10:19 PM
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Join Date: Aug 2009
Location: East Coast
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Seat belt laws, stricter d.u.i. laws, car seat laws, more states requiring auto insurance, stricter inspection proceedings and emmissions laws, requiring passengers to identify themselvesetc... In general the police being more clever as to how to manipulate a nieve person into a search. These are the types of things to which I was eluding. The patriot act although you may not have seen it used by the locals, an everyday citizen does not know this. But, citizens are certainly aware that the law exists and practically when invoked let's law enforcement pretty much do what they want. So a threat by a local officer to invoke this "right" could very well manipulate a legally nieve person into an unwanted search. I am not familiar with the case A.vs.Gant, but will look it up. Other than that I do not think a reasonable person could conclude that personal rights and liberties are not being infringed upon. Dave
  #17  
Old 11-03-2009, 10:45 PM
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Carl, after briefly looking at that case, you pulled the ol' switcharoo. You know what I mean. After a person voluntarily leaves a vehicle the police cannot search it. Also it should be recognized the defendant lost in the state setting. How many thousands did it cost this guy to not have his unoccupied car searched w/out a warrant? I do not believe this case made it harder for police searches during routine stops. This was an exceptional case and if not for a good deal of financial resources he would have lost. Even to defend a citizens most basic rights it's a David vs. Goliath situation. More of a routine or common situation may prove a point, but since the erosion of our rights I do not believe you will find one. Dave
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