To: freeus who wrote (277 ) 8/31/1999 11:34:00 PM From: freeus Respond to of 1449
I think this is interesting, though not pertinant to WACO: "You and the Law. (Traffic Stops and Unreasonable Search) .................by Armorer As persons owning guns and going to the range, possibly carrying a firearm in your vehicle for purposes of transportation, you face the possibility of an unreasonable search and seizure in today's anti-firearm climate. It has become common practice for an Officer to ask you if you have a firearm in the vehicle. I won't go into what's wrong with this, but I WILL tell you about a recent Supreme Court decision. In a Unanimous decision, in the case of Knowles v. Iowa the Supreme Court ruled that warrantless searches are NOT to be tolerated. If you are stopped for a traffic violation, the officer MAY ask you if he may search your vehicle. Whether you allow him to search the vehicle is ENTIRELY YOUR DECISION! The way the conversation usually runs is something like this, OFFICER; Do you have any controlled substances or firearms in your vehicle? YOU; No, Officer I do not. OFFICER; May I search your car? It's at this point that the Supreme Court decision comes into action, You have the RIGHT to say NO!. I advise you do so as politely as possible and immediately ask the officer,,, "Am I free to go now?" IMPORTANT NOTE!!!! This decision does NOT give you the right to physically STOP the Officer if he chooses to search your vehicle anyway, but, if he insists, ask him if he will use his vehicles video camera to tape the search, and to preserve the tape as evidence. You also have the right to ask the Officer for a copy of the Probable Cause Affidavit before he searches your vehicle, and then ask him to radio his supervisor and ask for his supervisor to be present while the search is conducted. I have, for many years now, always carried a small "Dictaphone" tape recorder in the glove compartment to record ANY traffic stop that I may encounter. Make sure you ask the officer for his name and any other identification you feel pertinent. You ARE NOT required to notify the officer that you are recording the conversation, and you are not "bugging" anything. The tape you record WILL be admissible evidence in a Court of Law, even if the Officer is unaware of the recording. Why is this important? In today's climate, many people are willing to sacrifice freedom for security. I am not, and I'm willing to bet that most who read this feel the same way. If you don't USE your rights, you will LOSE your rights. Think about it. Your mind is your primary weapon, USE IT!." Armorer Copyright August 1999 - All Rights Reserved ------------------------------------------------------------------------ eGroups.com home: egroups.com egroups.com - Simplifying group communications