

| Subject: | Re: Just Cause |
| From: | Darren |
| Date: | Thu, 16 May 2002 09:18:26 -0500 |
There recently was a billboard on I-20 just across the Texas state line advising motorist to deny any vehicle searches. It was placed there by AAA. Darren. -----Original Message----- From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com] On Behalf Of pensioner Sent: Wednesday, May 15, 2002 5:26 PM To: vanagon@GERRY.VANAGON.COM Subject: Re: Just Cause If I remember my Fourth Amendment right, the US "coyboys" must show just cause to search your person or your property. In no case, ever consent to a search unless a warrant is produced. A simple plant and you're nip-deep in smelly stuff. RICO gets your van, you go to jail, the "coyboys" laugh. Note the misspelling of cowboy. If stopped politely ask why you are being stopped. Ask if you are a suspect in a criminal investigation or if this is merely a misdemeanor traffic offense. If a misdemeanor, accept the summons, deny the right to search without a warrant based on the fact that you are not suspect in a crime or investigation involving criminal charges. Be very polite, be calm, be firm. If you are travelling in a Westy it is your place of residence at the time and IIRC the cowboy will have to produce just cause or a warrant signed by a magistrate. He cannot arrest you for denying search. Do all this AFTER you sign the summons. He can arrest you if you choose not to accept the summons. But if he asks and you agree to a search, all bets are off. You just gave away your 4th amendment right. If asked for a search "Thank you officer, but I do not choose to discuss my personal affairs with an officer of the law at this time, good day". Politely roll up the window, do not make eye contact, motor away gently. NB in many Texas counties the Justice of the Peace, often an appointed functionary, is the magistrate and will often sign such a warrant without any justification whatsoever. It's his perogative and objecting will get you a hefty court cost assessed and perhaps contempt. It is purely his call and further appeal is not likely to be heard. Lariat, Dime Box, Plano, and others have the JP traps. Texas is another state of mind. pensioner
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