DEA drug search on Kentucky highway?

Discussion in 'Civil Rights & Privacy' started by Lisa Simeone, May 4, 2012.

  1. Lisa Simeone

    Lisa Simeone Original Member

    Related, but don't know if I should start a new thread for it -- email from a friend:
     
  2. Mike

    Mike Founding Member Coach

    Should be in a separate thread, but a media link would be helpful.
     
  3. Lisa Simeone

    Lisa Simeone Original Member

    I can't find anything. I get the impression that this stuff is becoming so routine no one bothers to write about it anymore. So far I've gotten 3 emails this morning from other friends in other parts of the country (near borders) saying, "yeah, this (expletive deleted) goes on all time; has been for years."
     
  4. Mike

    Mike Founding Member Coach

    Who knows what's going on in Kentucky these day? Interesting coincidence that this popped up in today's search for TSA in the news ...

    The New American: Kentucky Supreme Court Rules Highway Checkpoints Illegal

    the Newspaper.com (A journal of the politics of driving): Kentucky Supreme Court Strikes Down City Sticker Roadblock: Justices in Kentucky blast city sticker roadblocks as a revenue raising exercise

    Singleton v. Kentucky (Kentucky Supreme Court, 4/25/2012)

    (if either aspect of Kentucky searches gets further discussion, I'll split the thread as appropriate)
     
  5. Lisa Simeone

    Lisa Simeone Original Member

    Wow, a rare bit of good news.
     
  6. Sunny Goth

    Sunny Goth Original Member Coach

    Just because a roadblock is set up doesn't mean it's constitutional.

    Always politely say 'no' to such demands to search your car without a warrant.
     
    Lisa Simeone likes this.
  7. Lisa Simeone

    Lisa Simeone Original Member

    Except in the Constitution-free zone within 100 miles of any border. There, according to what lawyers have told me, that trump card -- administrative search doctrine -- applies, and the cops/CBP can do whatever the (expletive deleted) they want. Obviously, IANAL. Just repeating what I've been told.
     
  8. Sunny Goth

    Sunny Goth Original Member Coach

    Border cops are one thing, regular cops are another.
     
  9. Mike

    Mike Founding Member Coach

    That's incorrect. The first thing they're supposed to ask is, "U.S. citizen"? If they answer is yes, and they have no reasonable suspicion otherwise, they have to let you proceed.

    Also, "administrative search doctrine" does not equate to "can do whatever the (expletive deleted) they want".
     
  10. Sunny Goth

    Sunny Goth Original Member Coach

    Seriously, people have to start (politely) pushing back on this stuff. It's really the only way. Force the litigation.

    I know it's intimidating, and if I got stopped on a deserted road and I was by myself, I don't know what I'd do. Probably start recording as soon as I pulled over. :p But honestly, aside from that, I don't know what I'd do, so I'm sympathetic. If it's only about inconvenience though, I know I'd sit there till the cows came home while the cop went and got his warrant.
     

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