Originally Posted by
zookeeper
I have to respectfully disagree with positano and MustangGT.
We all know the departments around here play fast and loose with the constitution, but the answer to that is not to ask and expect the citizens to become sheeple and say they "handled it right" by just allowing this fishing expedition without a single question.
1. I never said to take it up with the cop on the street, unless you call the citizen asking if he's free to go, or not consenting to a search, as doing something wrong. I know most people allow their rights to be trampled on in any encounter with police. Especially, and I'll just say it, in certain departments like MWC/DC (and some others) that have little respect for the rule of law when it comes to the rights of citizens.
2. I never said a search wasn't legal after an arrest. The poster was not under arrest.
3. Yes, the investigation during a traffic stop, into an outstanding warrant or anything else not connected to the traffic stop should be conducted within 20 minutes. I'm not saying it doesn't happen all the time, but it should not go by without the question, "Am I Free To Go??" I understand that a lot of unprofessional officers in unprofessional departments will let a citizen actually knowing their rights, and asserting them, to somehow rile an officer up. That's the officers problem, not the educated citizens.
Saying he handled it right by being a quiet pawn during the encounter that took one hour to resolve is not right. You might think the law offers that kind of inconvenience to a citizen, and be alright with it because around here many don't know what's legal or illegal, right or wrong. You can't possibly believe that the stop, as described by the poster, was handled properly and legally. Again, it sounded like the EPD officers searched the car without consent and before any arrest. They detained him on a false traffic stop in the first place. The fishing expedition took way too long. He stayed quiet on the search and the length of time he was detained, so he "handled it properly." I agree many officers might think like that, but that's what's wrong.
If you're a cop, Mustang, you didn't swear an oath to be comfortable and never be challenged by educated citizens. If you get riled when a citizen knows his rights, you're in the wrong job.
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