Date: Thu, 8 Apr 1999 17:40:45 -0500 (EST)
From: danceswithcarp <dcombs-AT-bloomington.in.us>
Subject: Re: to all you americans




On Thu, 8 Apr 1999, Tom Hawk wrote:

> Actually, If the Police have a reason to suspect that you may have 
> something hidden in your car or about you, they can search you and 
> your car with Probable Cause, with out a warrant. It has always been 
> that way. However if they do not have Probable Cause then they can 
> not search your car or your person.

Well, yes and no.  "Probable cause" is in itself defined by the poe-leece.
It can be for any reason, as long as the cops say that's probable cause.
In the case of the infamous "durg courier profiles," which is where the
fuzz say you fit the "profile" of probable durg courier, it's almost
impossible not to fit the probable cause bill.  For instance, on I-65
going through Indy-by-gawd-anna, the federal courts of appeals have held
it is "probable cause" to stop and search any vehicle that is paying
"strict adherence to all traffic laws."

Of course it goes without saying that if you break a traffic law you can
be stopped and searched for that too...

What the aoler was refering to was a ruling this week that if stopped the
poe-leece can not only search the personal possessions of the driver, but
now any personal possessions of a passenger can be searched too.   This
includes purses and backpacks attached to the passenger in question.

The only thing the cops can't do is force a person to empty their pockets
as part of a general area search.  Howsoever if the cop feels the need
they can claim the need for self-protection and do a "pat-down" and feel
you up. If the cop feels any threatening lumps that could be a weapon or
contraband then they can search that pocket or part of the body.

So all in all, it isn't that hard to see you nekkid.


carp