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My 4th Amendment Rights (or lack thereof)

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  #11  
Old 06-19-2008, 09:27 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

ORIGINAL: riegnman

Shortbus,
I don't want to be an ***, but what part of your 4th amendment rights were violated? The 4th amendment protects against search and seizure. Anything that is in plain sight is exempt from search. They didn't take anything from you, (other than maybe a little dignity maybe[:@]). But look on the bright side, I'm sure that they gave you a few points on your blood pressure in exchange.

RCR,
When I ride my cruiser and wear my "brain bucket" helmet, I wear sunglasses and have never had anything said to me. Granted, cops tend to look down on sport bikes more than cruisers usually.
But in all fairness, that is a reputation that is usually well earned. Why do we buy sport bikes? it's not because of the comfort. It's because (usually) we want to do 0-60 in 3 seconds or have the availability to do 170MPH even if we would never do that.

Just my $.02
pssst, you forgot buzzin thru the twisties at at 50ยบ lean
 
  #12  
Old 06-19-2008, 09:30 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

ORIGINAL: riegnman
But in all fairness, that is a reputation that is usually well earned. Why do we buy sport bikes? it's not because of the comfort. It's because (usually) we want to do 0-60 in 3 seconds or have the availability to do 170MPH even if we would never do that.
Ownership doesn't denote guilt.

As for the eye protection while riding is in the law...matter of fact, in terms of gear, that is the only requirement in terms of gear for a fully qualify rider. If you aren't moving at the time, you technically aren't riding, but sitting. Can't see how that would be a violation.

I definitely hear you about the profiling bit. Kind of sucks having someone be a complete *****. I've had my share of police officers yell at me...but I never let that taint my view of the civil servants.
 
  #13  
Old 06-19-2008, 09:31 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

Hey, Riegnman - you ridin' a Hoover ? he he he
I think SB was more pissed at the $80 for no sticker - I know I would be ![:@]
 
  #14  
Old 06-19-2008, 09:37 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

Shadow,

I wanted to make my first post a memorable one. I lurked for days waiting for the perfect opportunity and when I saw a thread with Harley bashing, I knew that was it.

BTW, I just got a $91 citation for not having an inspection sticker on a vehicle that I had bought a few months prior. I had only driven it about 3 times. I ride my bike year round. I told the cop, "Volkswagen has certified this car and gave me an additional 2 year warranty. You know that there is nothing wrong with the car that would violate VA inspection laws" He said Volkswagen may have certified it, but VA hasn't yet. Sign here please."

I got the sticker, went to court and it was marked as complied with law and I didn't have to pay anything. [8D]

ORIGINAL: Shadow1

Hey, Riegnman - you ridin' a Hoover ? he he he
I think SB was more pissed at the $80 for no sticker - I know I would be ![:@]
 
  #15  
Old 06-19-2008, 10:39 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

ORIGINAL: riegnman

Shortbus,
I don't want to be an ***, but what part of your 4th amendment rights were violated? The 4th amendment protects against search and seizure. Anything that is in plain sight is exempt from search. They didn't take anything from you, (other than maybe a little dignity maybe[:@]). But look on the bright side, I'm sure that they gave you a few points on your blood pressure in exchange.
Don't worry, you definately sound like an *** [:'(]

Yes, I'm referring to unreasonable search and seizure. You know, that ammendment that makes sure a cop just can't come into your home without a search warrant or permission from the owner? That same ammendment does not allow a police officer to search or inspect your vehicle without due cause...in other words, you have to be noticebly in the wrong while driving instead of stopped to be checked. The scent of alcohol or drugs also serves this purpose. In other words, you are wrong in your statement that a cop can just inspect any vehicle any time they see fit. They need a reason.

UNFORTUNATELY, a supreme court decision created a loophole when they allowed sobriety checkpoints...which opened up the door for cops to search any of the hundreds of vehicles that pass through the checkpoints in between the 2 drunks they might find if they are lucky.
 
  #16  
Old 06-19-2008, 10:55 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

Sobriety checkpoints suck...especially when you have been drinking...
 
  #17  
Old 06-19-2008, 11:26 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

You can get as pissed at me as you like. Did the officer take you from the bike and pat you down? Did he make you lift your seat or open saddlebags or tank bag? That is called a search. An officer can visually inspect your vehicle at any time.

Your point is like saying that he should not have pulled someone over for a tail light being out because he doesn't have the right to look at my vehicle without getting a search warrant.

If you had someone's severed head mounted on top of your handlebars, he could have arrested you for that.

If a cop walks by your car in a parking lot and sees an open container of alcohol in the floorboard, he can arrestthe owner of the vehiclefor that. He doesn't have to have a search warrant because he didn't search anything.

If a female is sitting in her car with her bare breasts plastered against the window, she can be cited for that without a warrant.

You are saying that the cop gave you a ticket for not having a sticker, which is supposed to be mounted in plain sight and then ticketed you or at least made mention about eye protection (which I agree was bogus). He didn't have to SEARCH you for either of those. And I, for one, have never had my vehicle SEARCHED at any checkpoint except one. I did have my vehicle searched once when there was a traffic stop and the state police were looking for an armed felon that had evaded pursuit. Even then he asked if it would be alright for him to look in my trunk. He looked in the windows, the trunk and then sent me on my way.

BTW, was there a sign that said "Sobriety Checkpoint"? 'cause in VA they are just traffic checkpoints usually.

Again, I am no lawyer, law professor or officer, so this is all opinion. But it's mine.

ORIGINAL: shoortbuss

ORIGINAL: riegnman

Shortbus,
I don't want to be an ***, but what part of your 4th amendment rights were violated? The 4th amendment protects against search and seizure. Anything that is in plain sight is exempt from search. They didn't take anything from you, (other than maybe a little dignity maybe[:@]). But look on the bright side, I'm sure that they gave you a few points on your blood pressure in exchange.
Don't worry, you definately sound like an *** [:'(]

Yes, I'm referring to unreasonable search and seizure. You know, that ammendment that makes sure a cop just can't come into your home without a search warrant or permission from the owner? That same ammendment does not allow a police officer to search or inspect your vehicle without due cause...in other words, you have to be noticebly in the wrong while driving instead of stopped to be checked. The scent of alcohol or drugs also serves this purpose. In other words, you are wrong in your statement that a cop can just inspect any vehicle any time they see fit. They need a reason.

UNFORTUNATELY, a supreme court decision created a loophole when they allowed sobriety checkpoints...which opened up the door for cops to search any of the hundreds of vehicles that pass through the checkpoints in between the 2 drunks they might find if they are lucky.
 
  #18  
Old 06-19-2008, 11:29 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

ORIGINAL: N8 Dawg

Sobriety checkpoints suck...especially when you have been drinking...
Agreed...don't get me wrong here, I think it's important to get drunks off the road, but every bike that got pulled over knew that it had nothing to do with that. Based on the time and proximity to the location of the bike night in addition to the fact that they moved it to the other side of the road right around the time bike night was letting out, it should be very clear that they were just trying to make some bucks in the form of petty fines. I'll say this much...I didn't have my inspection and I was in the wrong...but I didn't do anything illegal to get my bike inspected by the law (at least that they saw) and that is what pisses me off. What pisses me off even more is how damn long the entire process took and how badly it held traffic up, not to mention all of the bikers well within the law that were subject to the ridiculous inspections of their property. This is a very busy road they were posted on...it was just a real ******** move.
 
  #19  
Old 06-19-2008, 11:33 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

Sorry to hear that the 50 put downer in what would have been a perfect night to ride. I got to say, I NEVER have my visor down. Even if its raining, the visor is still up. I enjoy the feeling of the wind. Ive been pretty lucky in DC, the 50 always has bigger fish to fry.
 
  #20  
Old 06-19-2008, 11:36 AM
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Default RE: My 4th Amendment Rights (or lack thereof)

Unfortunately those "bigger fish" aren't all of the crooks in the white house and congress.

They should pass a law that congress has to wear eye protection whenever they are in session. All of the crap flying around in there is a lot worse that anything that we'll encounter on the roads.


ORIGINAL: marc0011

Sorry to hear that the 50 put downer in what would have been a perfect night to ride. I got to say, I NEVER have my visor down. Even if its raining, the visor is still up. I enjoy the feeling of the wind. Ive been pretty lucky in DC, the 50 always has bigger fish to fry.
 


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