It has come to notice that, supposedly, at least two citizens of the US have been stopped and detained for having some or all of the above noted stickers on their vehicles, by law enforcement agents. The justification of the stopping and detaining was that they were suspected of belonging to radical groups, bent on overthrowing the Government.
Wouldnt this be classed as profiling, harrassment, violations of the First Amendment, and maybe even other charges?
IF there is an attorney handy, sure would like an opinion on this as I also have those same types of stickers on my vehicles and I would be outraged to be stopped by police because of them. What grounds would a person have to bring retribution and justice upon the law enforcement agency that would do such a thing?
A reasaonable suspicion is probable cause, for instance if you have reasonsable suspician a person is DUI, or a vehicle doesnt have registration, the trunk lid latch is missing, no plates, etc are all reasonable suspician and probable cause, a bumper sticker does not qualify in any way shape or form, nor would driving around with a swastika, pentagram. black panthers, or crescent and star emblem,
I know this much there hase to be probable cause to stop you. Of course if a cop follows you long enough you will do something that will give him probable cause; change a lane without signaling, Lic. plate lighht out, following to close, one mile an hour the speed limit etc. Contact the ACLJ (American Center for Law and Justice) Since the DHS put out the probable threat memo I don't know if that constitutes the stickers on your car resonable suspition enough to give them probable cause. I don't think so. They can not stop a Hells Angle for riding down the street on his hog as long as laws are not being broke. One thing for sure they can not search your car without probable cause. It will be interesting to see how this is ruled on in court and it will have to probably get into court at sometime to be ruled on. I wis I had better knowledge of the law.
Was it local police officers that made the stop? Did they say," we stopped on suspician as a possible terrorist? Did you get their names? Did you have a witness? Have you contacted the police chief or the mayer. Contact your state representative or state senator. Do all of these things then come back with the results of those efforts.
If it is as Greycoat says, and I'm not doubting him, then how is it that the Police can set up DUI Check Points and stop every motorist that happens along that stretch of road? Would not that violate the Fourth Amendment? I have always wondered about that. Have we been so conditioned as to accept a loss of freedom in exchange for "security"? Just thought I'd throw that into the discussion.
As for Law Enforcement, I spent 5 years as a police officer, and you cant make a traffic stop without any kind of probable cause. A bumper sticker doesnt qualify as probable cause.
Secondly, the Police may not search your vehicle in any part other than what is described under plain view law, without your approval or a search warrent,
That question went to the supreme court and the decision was it is constitutional if the inconvience was limited to a breif period (a minute or two) Are information-seeking checkpoints constitutional? The Court answered Yes, concluding that the substantial interest in solving a serious crime outweighed the minor intrusion the stop imposed on motorists.the checkpoint's purpose was not general crime control but investigation of a specific, particular crime. Illinois v. Lidster
"but investigation of a specific, particular crime" is the magic here with Homeland Security notifiying police agencys of who is a possible terrorist this constitutes investagation. It sucks I know.
Speaking of violating the 1st Amendment... Did you know that when you board an Amtrak train you lose your 1st Amendment? It is true, along with your 2nd Amendment, of course. While you are on board Amtrak you are under the jurisdiction of Washington, D.C.
This is unrelated, but I am having computer problems. It is running very slow & the networks do not appear to be normal, photos are missing, etc. Any ideas of what is going on?
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How to post "live" URL in posts at PFA............. Adding URLs in blog posts that are not "live" is a waste of everyone's time.....
Here's how....if anyone has better guidance send to me.....
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