StaggerLee
Scrapple Level: 161
Posts: 1802/7105 EXP: 53019533 For next: 1093700
Since: 3.10.02 From: Right side of the tracks
Since last post: 928 days Last activity: 928 days
| #1 Posted on 20.8.04 0950.35 Reposted on: 20.8.11 0950.40 | http://www.aberdeennews.com/mld/aberdeennews/news/9444993.htm
In addition, the facts indicate the trooper might have stopped the car Sept. 2, 2002, on Interstate 90 because it was driven by a black man with out-of-state plates, Justice Richard Sabers wrote in his dissent.
Highway Patrol Trooper Matt Oxner stopped the vehicle, a rental car with Oregon license plates, after spotting it traveling 68 mph in a construction zone with a speed limit of 65 mph, according to court records.
Akuba told the trooper he and Paul were driving from Seattle to Chicago, and Oxner told Akuba that he would give him only a warning ticket for speeding. Oxner, who had a drug-sniffing dog in his patrol vehicle, also asked Akuba for permission to search the car for drugs.
A videotape running during the conversation reveals that Akuba consented several times to the search. The trooper opened the trunk and found four duffel bags containing 177 pounds of marijuana.
Promote this thread! | | DrOp
Frankfurter Level: 65
Posts: 652/859 EXP: 2267518 For next: 68122
Since: 2.1.02
Since last post: 5669 days Last activity: 4536 days
| #2 Posted on 20.8.04 1001.27 Reposted on: 20.8.11 1003.59 | Oh man. 68 in a 65? That's hardly speeding from my years of highway driving.
and this is just plain scary:
"An officer need not have reasonable suspicion that a vehicle contains contraband before asking to search it," Justice Steven Zinter wrote for the majority.
So, if you don't have to have reasonable suspicion, what DO you have to have? If someone refuses to allow a search, then the officer gets suspicious on the other end. Yikes. | Grimis
Scrapple Level: 135
Posts: 3770/4700 EXP: 28678788 For next: 656293
Since: 11.7.02 From: MD
Since last post: 4704 days Last activity: 3158 days
| #3 Posted on 20.8.04 1006.30 Reposted on: 20.8.11 1008.25 | Technically, an officer can ask anybody to search a vehicle. And, without a warrant or probable cause, the drive can tell him to blow it out his ass too. If permission were granted, then there is no case.
It is kind of odd that he pulled him over for 68 in a 65, though. | DrDirt
Banger Level: 106
Posts: 1130/2743 EXP: 12414698 For next: 257286
Since: 8.10.03 From: flyover country
Since last post: 2336 days Last activity: 2238 days
| #4 Posted on 20.8.04 1249.55 Reposted on: 20.8.11 1251.34 | Originally posted by Grimis It is kind of odd that he pulled him over for 68 in a 65, though.
In Kansas there are several deaths each year in construction zones. This year 10 have already died. That means our troopers have no tolerance for speeding, especially since they are often casualties. Maybe that's why. | JayJayDean
Scrapple Level: 136
Posts: 1539/4750 EXP: 29484947 For next: 612045
Since: 2.1.02 From: Seattle, WA
Since last post: 2975 days Last activity: 2553 days
| | Y!: | |
|
| #5 Posted on 20.8.04 1315.45 Reposted on: 20.8.11 1317.13 | Originally posted by DrDirt
Originally posted by Grimis It is kind of odd that he pulled him over for 68 in a 65, though.
In Kansas there are several deaths each year in construction zones. This year 10 have already died. That means our troopers have no tolerance for speeding, especially since they are often casualties. Maybe that's why.
I wondered about that myself, if it was a 65 normally but the presence of the construction zone mandated a lower speed, or if maybe it was a 75 and the limit was lowered to 65 because of the construction zone or it was a 65 with a construction zone that didn't affect the speed limit. There is a similarly low tolerance for speeders in construction zones here as well. | brick
Bockwurst Level: 53
Posts: 295/535 EXP: 1113497 For next: 43629
Since: 17.1.02 From: Pittsburgh, PA
Since last post: 3974 days Last activity: 3970 days
| #6 Posted on 20.8.04 1319.29 Reposted on: 20.8.11 1319.40 | A construction zone with a speed limit of 65? Are there any S.D. w's who can verify that construction zones are only reduced to 65. I know 65 is as fast as we are allowed to leagly drive here on the east coast and construction zones post at 55 or slower. | DJ FrostyFreeze
Scrapple Level: 119
Posts: 1622/3467 EXP: 18386048 For next: 543298
Since: 2.1.02 From: Hawthorne, CA
Since last post: 128 days Last activity: 128 days
| #7 Posted on 20.8.04 1409.19 Reposted on: 20.8.11 1410.10 | Here in California, the rule is that the posted speed limit is automatically lowered by about 10-15 mph in construction zones.
The quoted article says "after spotting it traveling 68 mph in a construction zone with a speed limit of 65 mph", which to me implies that the construction zone rule in that state is the same as the one in CA. | Guru Zim
SQL Dejection Administrator Level: 152
Posts: 2643/6205 EXP: 44086422 For next: 215340
Since: 9.12.01 From: Bay City, OR
Since last post: 4 days Last activity: 3 days
| ICQ: | |
| Y!: | |
|
| #8 Posted on 20.8.04 1525.46 Reposted on: 20.8.11 1525.58 | Hey, I'm all for civil liberties, and even I don't see the problem here.
No matter how ticky-tack it was, the person involved
A) Was speeding B) Consented to a search
Nothing to see here, move along. | Corajudo
Frankfurter Level: 63
Posts: 287/810 EXP: 2036309 For next: 60854
Since: 7.11.02 From: Dallas, TX
Since last post: 3541 days Last activity: 3044 days
| #9 Posted on 21.8.04 0956.25 Reposted on: 21.8.11 0956.30 | Originally posted by Grimis Technically, an officer can ask anybody to search a vehicle. And, without a warrant or probable cause, the drive can tell him to blow it out his ass too. If permission were granted, then there is no case.
It is kind of odd that he pulled him over for 68 in a 65, though.
Here in Texas fines for moving violations double if they happen in a construction zone (for reasons DrDirt listed). So, in addition to the safety reasons, if they had a similar thing there, I could see why a cop would give a speeding ticket for 'only' 3 mph; the fine would be big. | dMr
Andouille Level: 97
Posts: 1393/2229 EXP: 9298808 For next: 18550
Since: 2.11.02 From: Edinburgh, Scotland
Since last post: 2843 days Last activity: 1189 days
| #10 Posted on 21.8.04 1006.17 Reposted on: 21.8.11 1006.21 | Eh, what Guru said.
The guy agreed to the search. Unless there some technicality whereby one can be forgiven a crime on the basis of being monumentaly stupid, he has no case.
I guess the lesson here is if you have near 200lb of contraband in the trunk and the police ask to search the car. Just. Say. No. | OMEGA
Lap cheong Level: 88
Posts: 1109/1747 EXP: 6508394 For next: 142296
Since: 18.6.02 From: North Cacalacky
Since last post: 5376 days Last activity: 2981 days
| #11 Posted on 21.8.04 2031.07 Reposted on: 21.8.11 2034.58 | I'm not sure about this (I could be just talking out of my ass), but I thought that there was a 5mph margin of error. Hell, down here, if the speed limit is 45, that means you MUST drive at 50.
Oh well. Either way, the guy gave consent for the cop to search his car, so he has no case. However, I just can't understand why the guy would give him consent if he had duffel bags of (or ANY) pot in his car. | Whitebacon
Banger Level: 104
Posts: 1390/2567 EXP: 11706363 For next: 155802
Since: 12.1.02 From: Fresno, CA
Since last post: 110 days Last activity: 10 days
| ICQ: | |
| |
| #12 Posted on 21.8.04 2159.57 Reposted on: 21.8.11 2201.09 | Originally posted by OMEGA I'm not sure about this (I could be just talking out of my ass), but I thought that there was a 5mph margin of error.
Generally this is true, but, in construction zones you're not usually given any kind of cushion due to safety concerns. | Cerebus
Scrapple Level: 119
Posts: 1005/3558 EXP: 18734558 For next: 194788
Since: 17.11.02
Since last post: 2451 days Last activity: 2173 days
| #13 Posted on 22.8.04 1230.36 Reposted on: 22.8.11 1232.34 | Down here in Florida, I was with a friend who was going two miles over the speed limit and we were pulled over by a nazi and given a $60 ticket. It was around 3:30am and Juan wasn't drunk or anything. The cop had Juan go through the whole test shit to see if he was drunk but he wasn't and I think the bastard, nazi cop was just bored and was looking for someone to fuck with.
In conclusion, going TWO MILES over the speed limit cost $60 bucks. Damn you Temple Terrace nazi bastards! | ALL ORIGINAL POSTS IN THIS THREAD ARE NOW AVAILABLE |
| | | | | | | | | | | | | |