Re: OT - I was Searched by the Police!

On Mar 24, 10:38 pm, "Von Fourche" <Khonak...@xxxxxxxxxxx> wrote:
Well, not exactly the police, more like a Conservation Officer. So...

Are there any attorneys on this board or people who really really know
the law? Here is what happened to me and my friend:

It's Wednesday night, still light out, and a friend and I decide to go for
a walk near the woods by a park. The temp is up in the 70's and we want to
enjoy the nice warm air. This is an area where lots of hunters park when
they go hunting and stuff. It is private property but the owner of the
woods has never ran me off when I was there in the past just walking around
enjoying the outdoors or taking the family dog for a walk.

Anyway, most of the day Wednesday some guy in another part of town was
firing a gun like crazy over and over. You could hear it all thru town.

So, it's Wednesday evening - my friend and I pull off the highway and
drive on a dirt road along the woods. We drive for three hundred feet,
stop, get out of the car, and start walking to a pond that is about a five
minute walk away. While we are walking I look back and see an SUV about to
drive down the dirt road. I also hear those gunshots that sound like it's
coming over a few hills away. I tell me friend we better go back to the car
because I don't want to be down there if other people are going to mess
around here - they might be looking to cause trouble or it might be the
owner of the land in the SUV and I don't want to bother him while he's on
his property. We keep walking to the pond. I look back and the SUV is
gone.

So, we get to the pond, look at it for one minute, then turn around and
walk back to the car. As we near the car a conservation officer jumps out
of the freaking woods and scares the hell out of us! He asks us our names,
asks us what we are doing down there, and asks us if we had any guns on us.
We told him no. Then he asked us to pull up our shirts and spin around to
show him we have no guns tucked in our pants. I, out of habit, put my hands
in my pockets and he asks me to keep my hands out in the open so he can see
them. He then calls our names in to the local office, everything comes back
fine.

What I want to know is - did this guy have the right to force us to raise
our shirts and spin around? It all happened so fast I did what he said
without thinking much. I have to say, he was not a jerk. He was ok. My
friend and the officer got to talking and a small conversation started. So,
the guy was conversational. We told him three or four times we were there
just enjoying the night air which was the truth.

Now, I have never been arrested before. Never had a speeding ticket
before. And now a Conservation Office tells me to pull up my shirt and spin
around! Were my rights violated? I was on private property. There were
gun shots coming from our area and I can sort of understand why he might
want to check us out. The guy did thank us for being so cooperative and
understanding. He thanked us a couple of times actually.

I'm glad this guy was not a total jerk or I would be really ticked. He
was ok tho. I guess I'm glad he was down there checking the area out
because meth labs are a problem in this and surrounding counties.

Still, I don't like being ordered what to do. What would have happened
if I refused to pull up my shirt and spin around? Hey, I'm a law abiding
citizen - the law is suppose to protect people like me - not interrogate me
like I'm some crack dealer on the street.

Man, you gotta love Paul Popinpimple's comments. He likes to lead
people to believe he wants the Constitution upheld, but you can tell
that deep down he's just like everyone else in America. Tell people
you love America, but roll over like a little bitch when anyone who
works for the government asks/orders you to do something.

I've never heard of a Conservation Officer. I looked it up, and you
probably mean some Canadian dude that is a law enforcement officer who
ensures compliance with statutes relating to wildlife and the
environment. I am not very familiar with Canadian law, but this is
what I would expect for the U.S. In the U.S. you would be considered
'detained'. Detained is a made up word that lawyers created to mean
no one saw you commit a crime, and there is nothing to arrest you for,
but we think you did, so lets find out who you are, if you have any
warrants, if we can talk you into admitting to anything, or put you in
a position that you do something illegal (Like assault us if we get
too pushy. This assumes there are more of them than you.).

I was asked once to take my hands out of my pocket. I was walking on
the street. They asked for my I.D., I handed it over. I was
nineteen. There are enough Supreme Court cases to show that a law
enforcement officer can do a pat down search for weapons so he can
continue to harass you in comfort. In essence this is what happened
to you.

I have a few more comments after reading your post again. 1. You
weren't searched. 2. You weren't forced. You admit that you didn't
think about it. You could have asked if he was making a request, or
giving an order. 3. Anyone can ask you to do pretty much anything,
he asked, and you performed. 4. It is interesting that you should
claim this man was pleasant. I think about such situations more than
99.9% of the people on this planet. You offered absolutely no
resistance to this officer's requests. Requests that you admit made
you feel emasculated. If you acted any other way, what the hell do
you think "Officer Friendly" would have done? Say, "OK, sorry to
bother you." And leave? 5. If you really wanted to pursue some sort
of legal action I think you would fail. You agreed to everything
asked. The only people in North America who understand this injustice
are Gary Carson and me, no one else gives a *** about your dignity
when compared to an officer's safety. 6. You say you're happy he's
on patrol for meth labs, and people shooting etc., but not to
interrogate people like you. Wow, there are at least two things I've
identified as totally wrong about your statement. There are probably
more if I took the time to think about them.

You asked what would have happened if you refused. From personal
experience I know what would happen under at least one circumstance.
There are numerous factors. How certain was he that you were up to no
good? Was it worth it to call for back-up? Is back-up nearby? The
fact that there are two of you, and one of him is meaningful. Then
again, I don't know what procedures are for 1 pig to subdue 2 men. It
could be as simple as pulling his gun out, and ordering you to turn
around and get on your knees so he can cuff you both.

In California, I refused to comply with a request for identification.
The police officers said, and I quote, "We just want to help you."
They politely handcuffed me, and politely searched me for
identification all without any probable cause.

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If Mitten's chose to save Baby Penguin based on his beliefs, and
Mitten's beliefs are not in his direct control, does Mitten's really
have free will?

--Maraka

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