Date: Sat Sep 11 09:52:25 1999 From: zonie@AZTEC.ASU.EDU (RICK DESTEPHENS) Subject: Vin Search Cite To: AZRKBA@asu.edu
An update of Vin's "target shooting search."
<snip> A number of readers have written in to make sure I and a friend weren't arrested or otherwise damaged after I recently asserted my right (start ital)not(end ital) to have my car searched without a warrant, when a county deputy took it upon himself to make that request upon finding us (legally) target shooting in the empty desert west of Las Vegas. [Vin's refusal caused the cop to accuse Vin of trying to hide a machine gun in the trunk.]
No, the mountie drove off without giving us any further trouble, after puffing out his chest and delivering his little lecture about "not needing to hear wise-ass answers" like mine.
From Glenn Jones, writing from the Cherokee Nation in Oklahoma, probably came the most substantive addendum. Citing Knowles vs. Iowa, 1998, Mr. Jones writes:
"This important court decision says you have the right to ay no, and if you do, you should be released. The American Drivers Association recommends following that polite refusal with a question, 'Am I free to go?'
"If the officer is going to search your car anyway, the ADA recommends that you ask him to record the search on video tape 'for the protection of both of us,' and to preserve it as evidence.
"Also, it says you should ask the officer for a copy of the probable cause affidavit before he conducts the search and that you also ask him to radio for a supervisor to be there during the search. Always remain respectful and polite, of course. Retaining a small tape recorder in your car wouldn't be a bad idea, either. Never attempt to stop a police officer from conducting a search. This is an important court decision, all the more powerful because it was unanimous. Individual rights are like muscles. They must be flexed. Flex yours.
"I recommend keeping a copy of this either on your person and/or in your vehicle." <end snip>
Does anyone have the pertinent quotes from Knowles v. Iowa?
later,
Rick