Ransacked tacklebox, ticket for smoking a cigarette, and a skunk at Puddingstone...

[smokehound]

Remember these words:

Officer: do you have any weapons or dope or anything i should know about?
You: I do not have anything illegal.

Officer: Nothing I should know about?
You : I do not consent to any searches.

Officer says anything else
You: Am I being detained? Am I free to go?

Yeah sure, that works in a world where police dont break the law, ignore the constitution, and drag you off camera to beat you into a coma.

[Kingfish Addict]

Why did they go through your backpacks? What do you think they were looking for? What had you done to give them cause to search your stuff, smoke a cigarette? That's creepy. Were they profiling you? Do you guys look like gangstas? The whole thing seems totally uncalled for.

I'm the farthest thing from 'gangsta'. I'm a skinny white dude, 6'3", no tattoos and dress like a surfer/skater and my buddy I was fishing with looks about the same. It was TOTALLY uncalled for and there was no reason whatsoever for them to do what they did, we were just 2 guys fishing on the bank. No probable cause, NONE. As they beached the boat right in front of us, I overheard one of the lifeguards say, "Oh, and he's smoking a cigarette." So, they didn't even notice that I was smoking until they were right up on us. The first question the sheriff asked us was "Do you have any weapons or dope on you?" so I can only assume they were looking for weapons or dope, neither of which we had. They approached us like they were apprehending wanted suspects, it was almost as if someone reported 2 guys firing guns and smoking crack.

I believe I can win this one in court...

[Cartman]

I'm the farthest thing from 'gangsta'. I'm a skinny white dude, 6'3", no tattoos and dress like a surfer/skater and my buddy I was fishing with looks about the same. It was TOTALLY uncalled for and there was no reason whatsoever for them to do what they did, we were just 2 guys fishing on the bank. No probable cause, NONE. As they beached the boat right in front of us, I overheard one of the lifeguards say, "Oh, and he's smoking a cigarette." So, they didn't even notice that I was smoking until they were right up on us. The first question the sheriff asked us was "Do you have any weapons or dope on you?" so I can only assume they were looking for weapons or dope, neither of which we had. They approached us like they were apprehending wanted suspects, it was almost as if someone reported 2 guys firing guns and smoking crack.

I believe I can win this one in court...

That's a terrible story. Really depressing. If the guy who wrote the ticket doesn't show in court you will win for sure. If he does it will be your word against his. I don't know how they can win. Such a bogus ticket.

[trout magnet]

They were actually peanut butter cookies, and they would have been yummy, if we didnt have the DOPE or BOOZE or if you werent smoking

[trout magnet]

We didnt have anything wrong on us, just a lifeguard doing his job protecting the fisherman not the boaters! R Kelly you suck!!!

[antsn37]

I believe that there are specific fish n game laws that allow officers to look into tackle boxs, coolers, and vehicles without any probable cause. so the search they did was legal (i think). technically you committed a crime (smoking) so all is fair game. i would sue and attempt to get reimburst for your cookie...how dare they.

[Kingfish Addict]

I believe that there are specific fish n game laws that allow officers to look into tackle boxs, coolers, and vehicles without any probable cause. so the search they did was legal (i think).

I see your point, but the 4th Amendment trumps any DFW laws.

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth 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.

[allIdoIsfish]

I see your point, but the 4th Amendment trumps any DFW laws.

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth 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.

Whens your court day? Are you still going to fight it?

[Lady Quagga]

I see your point, but the 4th Amendment trumps any DFW laws.

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth 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.

Can someone get Judge Wapner on the phone and ask him if the 4th applies when the person being detained/searched has already broken the law?

[DarkShadow]

Can someone get Judge Wapner on the phone and ask him if the 4th applies when the person being detained/searched has already broken the law?

I think Skyler Fagotti, Esq. should be able to answer any questions regarding law related issues.

No need to call Wapner.

(Too bad there weren't any illegal falconry involved. SoF is an expert in bird law.)