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D. TRAFFIC CITATIONS DO NOT WARRANT A SEARCH OF VEHICLE, DETAINMENT OF PASSENGERS, OR COMPULSORY ID FROM VEHICLE OCCUPANTS

1. In Knowles v. Iowa, 525 U.S. 113 (1998), The Supreme Court held that the Fourth Amendment does not authorize a full automobile "search incident to citation". The Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense:

"the need to discover and preserve evidence does not exist in a traffic stop, for once Knowles was stopped for speeding and issued a citation, all evidence necessary to prosecute that offense had been obtained. Iowa's argument that a "search incident to citation" is justified because a suspect may try to hide evidence of his identity or of other crimes is unpersuasive."


Don't let that cop search your car!
TRAFFIC CITATIONS DO NOT WARRANT A SEARCH OF VEHICLE, DETAINMENT OF PASSENGERS, OR COMPULSORY ID FROM VEHICLE OCCUPANTS
By Martin Hill
LibertyFight.com
August 28, 2012


Oftentimes, motorists can be seen sitting in the gutter or on the curb of the sidewalk while cops dig through their vehicles after a traffic stop. It seems to have become a regular occurance- police pull someone over, get the driver to witlessly admit to the traffic offense (recording their admissions and using it against them), then escalate the situation to the point where the driver and passengers (often young and poor, unaware of their rights) are tricked into giving the officer consent to search their vehicle and invade their privacy without any reasonable suspicon, probable cause, or warrant.

I saw it recently at a taco place. This woman in the photos was pulled over by a CHP officer, who started immediately rummaging through the woman's vehicle while she obediently stood at the cops car and watched. In the photo to the right, you can see the officer's boot as the rest of his body is inside the car, with him rummaging through the woman's back seat. Later, he digs through her purse on the hood of his car as she stands there and watches. (At least the cop didn't try to arrest me for taking photos, like they do in Austin, TX.)

This woman should not have consented, and neither should you. You have dignity, and there is no reason to allow strangers to rummage through all your personal belongings. If there is cause for cops to rifle through your belongings, tell them to get a warrant. If anything, you might come across a corrupt cop who will plant something such as drugs, a gun, or worse in your car and then frame you for it. Sound outlandish? tell that to the cops in southern California, who admitted that was their policy for years as they laughed about it in court: POLICE ADMIT PLANTING GUNS AND DRUGS IN CARS, LAUGH ABOUT IT.

The U.S. Supreme Court has already addressed this issue, In Knowles v. Iowa, 525 U.S. 113 (1998) [Wikipedia entry here.]:

In Knowles v. Iowa, 525 U.S. 113 (1998), The Supreme Court held that the Fourth Amendment does not authorize a full automobile "search incident to citation". The Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense:
"the need to discover and preserve evidence does not exist in a traffic stop, for once Knowles was stopped for speeding and issued a citation, all evidence necessary to prosecute that offense had been obtained. Iowa’s argument that a “search incident to citation” is justified because a suspect may try to hide evidence of his identity or of other crimes is unpersuasive."

The ACLU has a website flexyourrights.org with lots of helpful information on how to properly deal with police if you encounter them. They also have BUSTED: The Citizen's Guide to Surviving Police Encounters on youtube.

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"Try to learn what is pleasing to the Lord. Take no part in the fruitless works of darkness; rather expose them, for it is shameful even to mention the things done by them in secret; but everything exposed by the light becomes visible, for everything that becomes visible is light. Therefore, it says: "Awake, O sleeper, and arise from the dead, and Christ will give you light." Ephesians 5:10-14

Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, RomanCatholicReport.com, Republic Broadcasting Network, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.