Posted on 09/21/2006 3:53:20 PM PDT by Focault's Pendulum
In New Jersey, one's home is not one's castle after all. The real castle, it turns out, is the car.
The New Jersey Supreme Court ruled 4-3 yesterday that police do not need a reason to ask permission to search someone's home.
The same court four years ago issued rules saying police must have a good reason before asking motorists if they can search their cars.
Yesterday the court said the rules for cars -- which prohibit police from asking motorists if they can conduct a search unless they have "a reasonable and articulable suspicion" of criminal activity -- are designed specifically to combat racial profiling on the state's highways and do not apply to searches of homes.
(Excerpt) Read more at nj.com ...
The drug dog always indicates that drugs are present in the vehicle. The police definition of "probable cause" is very different from mine.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." -Manuel II Paleologus
I contend this as well although a while back on another thread a LEO said I was dead wrong.
Nonetheless if the dog "detects" something it then creates probable cause, giving them license to check it. Yeah, sure, every LEO is a model citizen and everyone who doesn't submit is a scumbag.
I've been told that when asked I should ask what's their probably cause for searching, but I've always figured that'd just p' them off even more.
Yeah, that's the usual routine. Last time they did that to me the excuse was, "The dog alerted to something around your bumper." Afterwards, another cop showed up, one who liked me, and he told me, that on Thursday evenings they like to give the dog a workout.
BUMP
For what it's worth, a couple of years ago I had a bit of a run-in with the (now former) captain of the southeast region of the TN highway patrol, Lucious Howard. He was honestly one of the worst people I have ever met. I did at least have the pleasure of making him look rather foolish, though.
So...is the lesson, "Never trust a cop from Tennessee?" ;-)
How often does a police officer ask to step inside your home?
Did he like your car?
"This would be the same Kangaroo Court that said that the 'RATS and only the 'RATS can replace candidates after filing deadlines at will."
If Menendez loses any more ground, look for a replacement.
All they need is permission.
When a police officer asks if they can step inside my home, I politely decline and step outside to speak with them.
Why would they ask to step inside your home?
Lawyers cost money. The guy lost a half hour of his life. What is that worth? Maybe a couple of sawbucks? It will cost him thousands of dollars and maybe months off his life to pursue this matter. I say get over it.
Are you suggesting he do something dishonest? Are you suggesting he let a guilty person go free just to spite the cops?
bookmarking
"I don't know. It was in Fayetteville, just across the Alabama state line. I did speed and I took my ticket, but beyond that this was absurd."
My favorite police traffic abuse story:
I was in the military driving in a military car from NY to Cape Cod for a military conference. On the interstate in Conn, at sunrise (driving right into the sun), I was driving 65 during the 55mph silliness under Carter. As I drove along with the sun in my face, I noted a black shape on the side of the road, a car minus any markings and the silouette of a person, minus hat, standing on the side of the road pointing at the ground. I figured he was warning me of some obstacle, the one that stopped him, slowed down, got into the outside lane, and drove past. When I got up to the car I note the figure standing there was a cop minus smokey bear hat and was having a fit. He runs to his car, throws it in gear, goes screaming after me at perhaps 90, even though I am already slowing down to stop, throws himself in front of me and slams on the brakes, causing me to nearly hit him.
By then I was more than a bit hot but restrained myself expecting a speeding ticket (the Conn tax). Instead this idiot writes me up for failure to stop, reckless driving and speeding.
I did note he was in the rising sun and out of uniform in an unmarked car and that HE was the only person driving recklessly but the silly twit was too full of self importance to care. All told the fine was over $400 in 1970's bucks.
My next favorite bit of abuse was an accident on a military base. I am at a 4 way stop. To my left also stopped is a big honking truck with other cars sort of visible behind it. As I had the right of way, I proceeded half way across the street where I was promptly smashed into by the police car that had been stopped in traffic behind the truck but was too self important to obey the traffic laws. The cops decided to pass the stopped truck and run the stop sign. No lights, no siren, and no emergency. They promptly gave me a ticket for failure to yield! This time I knew the military judge who threw the case out and dumped all over the police.
"Cops can lie to get to the truth"
Or lie to get a ticket quota. Fortunately most are simply too honest to play games with folk
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.