DWB ( Driving While Black)

[Aurielius]

After having a conversation with a friend who is a criminal attorney in NJ, he informed me that in NJ that defense won't fly

I would not want to get represented by your friend, whoever he is – NJ all but forbids searches during traffic stops. State v. Carty says officers cannot even ask for consent during a traffic stop without a reasonable and articulable suspicion you're involved in a crime unrelated to the traffic stop. (And "acting nervous" explicitly cannot be the basis for suspicion.) And then if you refuse consent, NJ enforces a standard more strict than probable cause: The officer must believe that there is a public danger, or that you will destroy evidence if the officer gets a warrant.

 

In any case, nobody can ever benefit from consenting to a search. It's silly to voluntarily waive your constitutional rights because you think they might get violated.

It's a fair bet you have never been stopped in NJ by a local cop in the Pine Barrens, though I would love to be a fly on the wall as you reeled off your rights while he called for back up. The only reminder we would have of you, is your face on a milk carton. I would be more than willing to give you driving directions though if you would like to exercise your rights in practice.. :whistling:

Edited December 16, 2011 by Aurielius

[Lisnpuppy]

I would think too all they would need to do is cry terrorist and then all your civil rights would go right out the window.

 

Also Marxist....the off topic comment was in general..only the first line was for you.

[Beriallord]

I was told by a lawyer that in my state, you basically got no rights while driving, and they can forcibly search you without a warrant if they have any reasonable suspicion, whether its legitimate or not. All they would have to tell the judge is "I thought I smelled drugs" or etc and they will almost always take the officers word. Edited December 16, 2011 by Beriallord

[HeyYou]

I was told by a lawyer that in my state, you basically got no rights while driving, and they can forcibly search you without a warrant if they have any reasonable suspicion, whether its legitimate or not. All they would have to tell the judge is "I thought I smelled drugs" or etc and they will almost always take the officers word.

 

It used to be.... not sure if it still is or not.... You could have a cloud of pot-smelling smoke rolling our your window, and if the cop smelled it, it did NOT constitute probable cause. If the DOG smelled it though, the cops could search.

[Lisnpuppy]

I am sure rules for probable cause and search are State laws and thus may differ wildly from State to State.

[Sepherose]

Sadly I see minor events like this fairly regularly in my area, although when I was about ten there was a major even that caused a lot of clamping down on that sort of behavior. There is one particular neighborhood in this city that has a very bad rep, for good reason, but it's only a few of the people there that actually contribute to that. They regularly have foot patrol officers down there with vests and shotguns (believe it or not, it is true). Well, one evening two officers were patrolling and they heard a "loud noise" from a home, I don't know exactly what transpired, but the younger of the two officers ended up killing a young black man in the street execution style in front of a bunch of people that lived nearby, got into an altercation with his partner, and his partner ended up having to shoot and kill him. The only real detail I know is that the young man that was executed there hadn't done anything wrong and the officer that survived that encounter ended up taking a couple years leave before returning to the force.

 

I know, it's an extreme example, but relatively, it is recent. Personally, as a teenager I have been profiled for "dressing in an abnormal way" or, "being goth" :wallbash: Profiling like that doesn't just happen to racial minorities, but to culture and sub-culture minorities as well. It is appalling whenever it happens. :(

[luxwing0go]

Stuff like this is really common in my town. Then again, I live in "super-small-town in the south", USA.

To say the least, I find it disgusting. It's targeting is what it is, and it's just irritating. Race, dress, ideals - all singled out, and for what? Embarrassment? Fines? Seriously, all it is is a display of power.

 

Sometimes, I really get the urge to pull over with them and defend the person who's pulled over for no reason. I don't because I'm afraid I'll just make the situation worse. :ohdear: I end up with some really bad conflicts with my conscience, though...

 

Not saying all members of the law enforcement act in such a way, but it is a too common occurrence.

 

I think that what you did was very noble, offering your help to him.

[lukertin]

It used to be.... not sure if it still is or not.... You could have a cloud of pot-smelling smoke rolling our your window, and if the cop smelled it, it did NOT constitute probable cause. If the DOG smelled it though, the cops could search.

I don't know where you get this idea that if a cop smells pot smoke emerging from your car, that he lacks sufficient grounds to search your car. He most definitely can search your car. Any college student knows what marijuana smells like and can pinpoint with at least 75% accuracy when a person in a small enclosed space has been smoking weed.

[Aurielius]

It used to be.... not sure if it still is or not.... You could have a cloud of pot-smelling smoke rolling our your window, and if the cop smelled it, it did NOT constitute probable cause. If the DOG smelled it though, the cops could search.

I don't know where you get this idea that if a cop smells pot smoke emerging from your car, that he lacks sufficient grounds to search your car. He most definitely can search your car. Any college student knows what marijuana smells like and can pinpoint with at least 75% accuracy when a person in a small enclosed space has been smoking weed.

Roftl..seems very familiar with the smell

[Beriallord]

I was told by a lawyer that in my state, you basically got no rights while driving, and they can forcibly search you without a warrant if they have any reasonable suspicion, whether its legitimate or not. All they would have to tell the judge is "I thought I smelled drugs" or etc and they will almost always take the officers word.

 

It used to be.... not sure if it still is or not.... You could have a cloud of pot-smelling smoke rolling our your window, and if the cop smelled it, it did NOT constitute probable cause. If the DOG smelled it though, the cops could search.

 

Trying to tell a cop what they can and can't do is a sure way to get beat down and arrested. Whether they are right or wrong, doesn't matter, they got a badge + hand cuffs + a gun + taser. Best thing to do is be polite, and don't get smart even if they are being a prick. If they were a dick, get their badge number and report them. You don't argue with cops directly, you take it to the court room, or file a formal complaint.

Edited December 26, 2011 by Beriallord