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Old 08-26-2015, 02:30 PM   #91
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I never did say on my previous post... I found not let them search my car either beca7se I appreciate my rights as liberty as well, that is why I vowed to protect it. But that being said you all make it sound like we are out to search everything we see. I cannot speak for the BP or other states... But around here searches are not the common, unless we have something else going on. I would never get anything done if I searched everything that came past me. When Interdiction is run on highways is most often when the searches occur for us. But with our training and knowledge it is almost a science, if I've asked to search I almost with certainly know I will find whatever I am looking for that day.

Other states have weird laws (to me) that I wonder about sometimes, like the guy who died in NY for untaxed smokes. That to me is a strange law. But he died not because of the law but resistance to arrest. People sometimes (often) get the policing they deserve.

To hint that there is a 1 to 1 ratio of good to bad is just ignorance to reality and may stem from a self induced problem brought on by ones wonderful personality. Most of us are here to do the job that is asked of us, handle others problems because cannot or will not. I was shot at by a Vietnam vet on new years day, in some people's logic that means all vets are bad... Which is obviously NOT the case.

When I became and officer I did not do so hoping to shoot someone or even need to use any force on them. Considering the hiring process I went through that took months I never would have made it.

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Old 08-26-2015, 02:33 PM   #92
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Originally Posted by philv View Post
Remember the Fourth ammendment protects everyone from " UNREASONABLE search and seizure" Key word unreasonable. It does not say just search and seizure.

Interseting article :
Called the motor vehicle exception in regards to needing a warrant.

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Old 08-26-2015, 02:43 PM   #93
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I seem to remember a US Supreme Court decision about searching a car that the cops had to have that dog there, if the cops had to bring the dog it had better be just a few minutes, if not the cops had no case. I think it was unreasonable search.

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Old 08-26-2015, 02:49 PM   #94
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As I stated previously every situation is different. Depending on the situation just saying a blanket refusal to allow Police to search could possibly end with an arrest. Then weather justified or not could and probably would result in what is called "Search Incidental to arrest" which does not require a warrant. If the arrest is latter proven wrong then the search will as well.
Best advise I think is if you have nothing to hide allow Police to search. In my opinion allowing a search (Consent) I see as an excercise in your constitutional right. Its your choice to consent or not to consent.
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Old 08-26-2015, 02:54 PM   #95
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Most States require that you tell the officer up front that you are legally carrying a weapon. Obviously, VA is an exception but it is a good practice to get into. Otherwise, things could get a little jittery.
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Old 08-26-2015, 02:57 PM   #96
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Originally Posted by Mountndream View Post
In some states you must tell the officer... Its a duty to inform
Funny thing, here in ID. you are required to inform that you are armed and hand over the permit first (with hands on the wheel) but they know who you are and that you do have a permit BEFORE they walk up to the door.

Nothing to hide but no reason to consent to a search of something I am not in.
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Old 08-26-2015, 03:02 PM   #97
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Originally Posted by Phil57 View Post
It's not just rumors. I love TX and spent most of the 80's there. We planned to spend last winter in S. TX but left after having to go through several border patrol checks. When asked where we are going and where we have been then having the dogs check us out. My wife was followed 20 miles from town to the CG but not stopped. Not a coincidence as this is not a direct route.
I understand what they are doing and know there are people trying to get drugs and people across the border. My decision was to leave as I have absolutely no desire to live like that. I would be more than happy to clog up camp sites in the rest of the beautiful state but will never go anywhere near the border again.

We spent a week at Big Bend National Park two years ago. On our way from Terlingua to Alpine, we passed through a border patrol check-point. It took five minutes total including the expected 'where have you been?' and 'where are you going?' questions. I realize your experience is not like mine. The best trip I've had in the state was two weeks at Stonewall between Fredericksburg and Johnson City but even that was a 300 mile trip south of my house. I have no desire to camp any further south.

Not all cops are bad. Not all of Texas is worthless.

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Old 08-26-2015, 03:05 PM   #98
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Originally Posted by cpd1343 View Post
I was a police officer so here goes. If we ask you, you do NOT have to let us. If we see you or a passenger trying to conceal something under the seat, etc., your vehicle WILL be searched. If we see something out in plain view in your vehicle or camper that is illegal, then it WILL be searched. If you are arrested, your vehicle and camper WILL be searched.
Retired detective here. This is exactly correct. If you don't do anything to arouse suspicion you are fine. Unfortunately drug runners do use campers and motorhomes for transport on the interstates. We had, and still have, a big problem with this from Miami to NYC on I 95.
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Old 08-26-2015, 03:07 PM   #99
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Originally Posted by PhoneDude 8289 View Post
If they wanted to search I would think they would tell you what they were looking for. If you said no to the search I believe they could hold you till they get a warrant, the warrant would be specific as to what they were looking for. Guess I would tell them to have at it.
I have seen and heard similar remarks like yours " ...they could hold you till they get a warrant."

I often wonder how many times law enforcement personnel cannot get a warrant because a judge refuses to sign one. It almost seems to me that you never hear of a judge refusing to sign one.

Is getting a warrant mostly just a formality in the process or not? Replies from current or past law enforcement personnel would be appreciated.
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Old 08-26-2015, 03:21 PM   #100
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We used to drive a 1972 Discoverer RV. Google it to see a spaceship-like camper on wheels. We stopped at a border patrol checkpoint and everyone came out to gawk and admire. I foolishly asked, "do you want to see the inside?" LOL!!! Our dogs came out and they piled in. We and the dogs stood in the sun for 10 minutes trying not to laugh. They damaged nothing and thanked us for the "tour." I never did THAT again!

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