Posted by Dave on January 11, 2005 at 16:49:28:
In Reply to: "unreasonable searches and seizures" posted by jlyle on January 11, 2005 at 08:35:44:
"The Constitutional does not forbid all searhes. The key words are "unreasonable searches and seizures."
The "reasonable test" in not based upon whether you are engaging in a legal activitiy, an arrest, which is what a DFG employee does when he stops you, or when the Coast Guard stops you-it must be based upon probable cause to believe you are engaging in a crime, not to verify you are not breaking the law while you are engaging in a legal acitivity. That is what the Constitution says, otherwise, police could just randomly search your home to make sure you aren't cooking crystal meth, randomly strip search you to make sure that as you legally walk down the street, you ar enot hiding contraband in yoru body cavities, and randomly pull you over using your claim that driving a car is a privelege to make sure you are not transporting kidnapped children for sex movies. That is why your claim is meritless.
As to "refusing to cooperate", the Constitution's 5th Amendment says you never have to cooperate, and further detaining a person because they exercise their Constitutional Right is a crime.
I don't believe you have ever gone through the process of obtaining a search warrant, as your comment on how it is done is not based upon law or reality.
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