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Originally posted by LaDuckman:
Local Gestapo in a small Central La town impounded my car last year and left me standing on the side of the road. Claims that due to a rash of car thefts using "Dealer Tags" it was within his right becasue he couldnt call the dealership to verify my notarized bill of sale. Sure feel strange to stand on the road at gunpoint while they take your car away and be unable to do anything about it. Then you have to pay 500 dollars to get your car back after they say "Sorry" These cops are starting to think that just beacuse they have badges, they are above the law they are sworn to uphold. This is entirely wrong, and the more they get away with, the farther they will go.
I am close enough to help you, e-mail me with more details. Was it more than a year ago? I would like to hear all the details to see if your civil rights were violated and what sort of remedy you might have.

On another note, there seems to be a trend since the latest round of national security "reforms" to believe that mere probable cause is sufficient search someone or arrest them. This is the sick trickle-down from Alberto Gonzales' Justice Department. The man is a perverted sophist! Read the 4th Amendment:

"The Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

In the case of Brinegar v US, 338 US 160 (1960) the S.Ct. defined probable cause as: when "the facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonablw caution in the belief that an offense has been committed."

Terry v. Ohio, 392 US 1 (1968), says that in order to stop someone they need reasonable suspicion that a suspect has committed or is about to commit a crime. something more than an inchoate hunch that a suspect has committed or is about to commit a crime is required. Note a stop doesn't give the cops the right to seize you or your car. They can do a pat down for safety, but that is it. Still the P/O would need to reasonably articulate why he thought you might have a weapon before he could pat you down.


Louisiana Constitution Article 1, Section 5 is even more protective of the rights of individuals:
"Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court."

Based on what you have said the cops did wrong!

But, as another example of how media inculcates the Sheeple I was appauled by an episode of the Unit last night. The military went and picked up a journalist who was asking too many questions. They stopped him without an arrest warrant, searched him, put him in a room, and suddenly showed him "documents" they found in his car and said they were going to treat him like an enemy combatant and send him to Cuba!!!! It made me want to puke.


CAJUN PATRIOT
Louisiana