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Niteshift

FYI.........

A few months ago, Californian courts decided that police could search a vehicle for a persons license and registration if they couldn't produce the documents. Of course, most anything found in the process was considered in "plain view" and admissible in court.

Now, the California Supreme Court has ruled that the police can physically arrest violators of the state vehicle code if they fail to produce ID. That means handcuff and search them.

But you say, "Who cares Niteshift, I don't drive"................... don't forget that traffic offenses while on a bicycle and pedestrian offenses fall under the vehicle code.

In fact, the case that brought this decision about was a bicycle case. The suspect was riding a bicycle the wrong way down a one way street. When he was stopped, he couldn't produce ID and was arrested. Subsequent to his arrest, he was search and meth was found in his pocket.

Also, don't forget that if you are arrested from in your car, the search incident to the arrest includes the areas you had access to in the car.

And for those thinking "Who cares Niteshift, I don't live in California", this decision was in line with the US Supreme Court decision on the Texas case where a woman was physically arrested for a seatbelt violation.

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A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

 

Turtle

Identification goes a long way, always keep it around, even if you dont have any money in your wallet. When I was busted I was able to produce ID and that made it so I was able to show my mom the ticket I recieved, rather then calling her from the police station. Ill be sure to remeber that, keep my glove box empty except for registration, ID, ect.

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Shroud

I have to say that Niteshift continues to gain my sincere respect with every post he makes. It is great to see a member of law enforcement active in these forums trying to help educate people. I know I have learned alot about law and legality from his posts that I was totally unaware of before.

It is in your best interests to keep ID on you at all times while in public. At the minimum it helps doctors and police to contact members of your family if god forbid you're in a serious accident. Pockets and glove boxes are best left empty of anything incriminating and illegal if possible. Take a few minutes to ensure such things are out of plain view if you need to drive someplace. If they don't see it because you took the time to hide it properly and thus allowed to go then the time invested to hide it more than pays for itself.

Just my 2 cents.

bloodshoteyez

that law makes absolutely NO sense at all !!!!!!! if you can't show an officer your license and registration because you don't have it, then what good is searching the persons car?!?! they would have given it to you if they had it, so what good is it to search their car for it?????????????? thats the most BS law i have ever heard right behind the illegality of marijuana.

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smoking weed till my eyes bleed

bloodshoteyez

that law seems to be right on the border of FACISM. they will make any law to make it easier to invade someones privacy. what's next, they can search your car because you weren't wearing a seat belt???!?!? when does it ****ing END?!?

 

Herb Ninja

That doesn't make sense to me, sense when is your body a damned vehicle. This essentially is one more step toward the national ID cards. I wouldn't doubt if soon I am afforded no rights by the U.S. Constitution unless I have ID. Because I know one right has already been taken away, the right to be free from search and seizure. Its a sad day when having no ID is probable cause for a search. Anyway, thanks for the news.

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"Truth is treason in an empire of lies." -Ron Paul

Niteshift

"if you can't show an officer your license and registration because you don't have it, then what good is searching the persons car?!?! they would have given it to you if they had it, so what good is it to search their car for it??????????????"

Apparently, you don't do many traffic stops.

A lot of people will not give up those documents, especially the drivers license, in an attempt to either conceal a crime or avoid having the traffic ticket go to the right person (them). It's not uncommon at all.

"thats the most BS law i have ever heard right behind the illegality of marijuana."

Actually, that's not a law, this is a court ruling. There is a difference between the two concepts.

And I can list you a bunch of laws that are more absurd. How would you like to go to jail for lying to a girl in a bar about having a college degree? Or being a convicted felon for stealing a 2 X 4 because it happened to come from a construction site. I've got a whole list that are pretty absurd (and I'm not talking about laws written 100 years ago).

"that law seems to be right on the border of FACISM. they will make any law to make it easier to invade someones privacy."

Again: laws and court rulings are not the same thing.

"what's next, they can search your car because you weren't wearing a seat belt???!?!?"

Where have you been? This already happened about 2 years ago. A woman in Texas was arrested for not wearing a seatbelt and her vehicle is subject to search incident to arrest.

"That doesn't make sense to me, sense when is your body a damned vehicle."

It makes perfect sense, since the vehicle and pedestrian actions inter-mix. For example: Your legal responsibilities as a pedestrian at a cross walk and a cars responsibilities are part of each other. You can't have a seperate chapter of law for one and a seperate chapter for the other. That would make less sense.

You have to realize that nobody said your body was a "damn vehicle", you simply made that assumption.

"This essentially is one more step toward the national ID cards."

I'm against a national ID card, but I don't see a connection at all to this case.

"Because I know one right has already been taken away, the right to be free from search and seizure."

You never had a right to be free from search or seizure.

The Constitution never promised that. It promised you not be subject to unreasonable search and seizure. The court is responsible for determining what it believes is or is not reasonable.

AnarchistBarbie

Are you operating on the assumption that this is a democracy? It never was. It was, at one time, a democratic republic - and it hasn't been that for a long time. Best guesses at this point indicate that the United States is a socio-fascist republic, with a limited trade socialist economy.

Welcome, please observe all regulations. Ignorance of the law is no excuse. Please fasten your i.d. cards securely.

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Life has no dress code.

bloodshoteyez

what if you don't have a id card and your doing somthing illegal on a bike? what the procedure then?

bloodshoteyez

so say i was arrested for not wearing my seatbelt but i provided all of my documents? would my car still be subject to search? if yes, why? how do you have the right to search someones car for illegal stuff just for a minor infraction?