----- Original Message -----
From: "frank theriault"
Subject: Re: More Texas Photo Issues
y'know, guys and gals, if the cops ever ask you to hand over tape,
film or a memory card, you are under no obligation to do so, AFAIK.
unless the law has changed dramatically over the past 10 years (and,
maybe it has), police can perform an involuntary search only with a
warrant, or subsequent to an arrest.
WE DON'T LIVE IN A POLICE STATE! (despite the best efforts of many
politicians and law enforcers)
that being said, if you've done nothing wrong, it's sometimes most
expedient to co-operate, hand over the goods, and be on your way.
but, the sad reality is that by so complying, you're giving them carte
blanche to go on a fishing expedition to find ~any~ objectionable or
illegal things that could give rise to other/further unrelated
charges.
to allow such a search/seizure or not is a real dangerous tightrope act,
imho.
Just had a court case here get tossed for such a thing.
The cops pulled a car over for no reason.
The fellow wasn't speeding or driving erratically and the car had all it's
lights working, etc.
Sadly, he was carrying several kilos of marijuana, which the RCMP found
during the course of their "investigation".
Anyway, it went to court, and since they cops had no reasonable grounds to
pull the car over, and no warrant to look in his trunk, the fellow was let
go.
He didn't get his stash back, though, and I don't think he can sue the crown
for lost income, since his wares are illegal, for reasons I have yet to
figure out.
Unfortunately, it is getting to the point where it pays to know your rights,
have witnesses all the time and to not cooperate with the police.
It used to be you just had to worry about the bad guys, but more and more,
the bad guys are wearing blue.
The more often the police engage in illegal searches and seizure, and the
more lawmakers pass retarded laws that allow for unwarranted intrusions
into peoples lives, the less coperation they can expect from ordinary
citizens.
William Robb
