StaggerLee
Scrapple
Level: 134
  
Posts: 1802/5948
EXP: 28586014
For next: 1034
Since: 3.10.02
From: ST Louis
Since last post: 1 day
Last activity: 21 hours
| AIM: |  |
| | | Y!: |  |
|
|  #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: 59
Posts: 652/859
EXP: 1623345
For next: 49793
Since: 2.1.02
Since last post: 1715 days
Last activity: 582 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: 122
Posts: 3770/4700
EXP: 20295961
For next: 342111
Since: 11.7.02
From: MD
Since last post: 750 days
Last activity: 547 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: 94
Posts: 1130/2661
EXP: 8136543
For next: 220145
Since: 8.10.03
From: flyover country
Since last post: 10 days
Last activity: 6 hours
| #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: 122
Posts: 1539/4597
EXP: 20096975
For next: 541097
Since: 2.1.02
From: Seattle, WA
Since last post: 5 days
Last activity: 3 hours
| AIM: |  |
| | | 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: 48
Posts: 295/535
EXP: 796463
For next: 27085
Since: 17.1.02
From: Pittsburgh, PA
Since last post: 20 days
Last activity: 16 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
Knackwurst
Level: 105
Posts: 1622/3291
EXP: 12173242
For next: 89058
Since: 2.1.02
From: Hawthorne, CA
Since last post: 7 days
Last activity: 2 hours
| #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: 135
Posts: 2643/5879
EXP: 29147815
For next: 187266
Since: 9.12.01
From: Bay City, OR
Since last post: 3 days
Last activity: 2 hours
| AIM: |  |
| | |
| #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: 57
Posts: 287/805
EXP: 1416841
For next: 69096
Since: 7.11.02
From: Dallas, TX
Since last post: 4 days
Last activity: 12 hours
| #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: 87
Posts: 1393/2171
EXP: 6279330
For next: 113469
Since: 2.11.02
From: Edinburgh, Scotland
Since last post: 1 day
Last activity: 4 hours
|  #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: 80
Posts: 1109/1747
EXP: 4612531
For next: 170458
Since: 18.6.02
From: North Cacalacky
Since last post: 1421 days
Last activity: 1389 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
Boudin blanc
Level: 93
Posts: 1390/2448
EXP: 7800021
For next: 252819
Since: 12.1.02
From: Fresno, CA
Since last post: 26 days
Last activity: 13 hours
| AIM: |  |
| | 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
Knackwurst
Level: 105
Posts: 1005/3367
EXP: 12103776
For next: 158524
Since: 17.11.02
Since last post: 13 hours
Last activity: 8 hours
| #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 |
| | | | | | | | | | | | | |
