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Article #1523

Re: Arrest Slow Drivers--One County's Answer to Aggressive Driving

#1523
From: Scott Weiser
Date: Wed, 01 Jul 1998 00:00
71 lines
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On Wed, 01 Jul 1998 04:12:30 GMT, Gumbyy@ticnet.com (Marc) wrote:

>weiser@dimensional.com (Scott Weiser) wrote:
>>On Tue, 30 Jun 1998 04:07:41 GMT, Gumbyy@ticnet.com (Marc) wrote:
>>>player1@not.replyable.com (Jim String) wrote:
>
>>>>>>In principle I agree with this however if the policy's intent is to
>>>>>>legislate a law so others can break the law then we've gone too far.
>
>>>>>For once, you are right.  They should just raise the limit by 20mph an
>>>>>post a minimum at the current limit.  But, it is easier to just have
>>>>>conflicting laws that the police their descretion to descriminate
>>>>>with.  Plus, the cops like that better.  Not that they have to worry
>
>>>>Now that's a scary thought. You're saying something akin to "make
>>>>everything illegal, then we can bust whomever we don't like..."
>
>>>I break at least one law a day.  I don't know anyone that drives every
>>>day that doesn't break at least one law a day.  Everything is already
>>>illegal, so why would they need any more laws to make criminals out of
>>>us?
>
>>The question is whether you do it inadvertently or deliberately.
>
>Why does that matter?  What would it signify for each of the answers?

Because if it's deliberate, you need to be in jail.

>
>>>I don't see why it is a big deal, though.  In TX they can pull you
>>>over just to check and see if you have a license...
>
>>No, actually they cannot.   
>
>Hmmm.  That's not what some of the TX cops have said previously.
>Perhaps one of them would speak up now about this.

In most states, police officers can demand to inspect a driver's
license "at any time", but the Supreme Court has ruled that a police
officer cannot detain *anyone* unless they have at least a reasonable
suspicion or probable cause that the individual has, is, or is about
to commit a crime.    Colorado has such a statute, but the police are
prohibited from stopping people without RS or PC except for carefully
controlled random DUI checkpoints (which I consider to be illegal).

I'd like to hear from some law-enforcement officer who believes he has
a right to stop and detain citizens and demand identification sans a
reasonable suspicion.   
Regards,

Scott Weiser

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Copyright 1998 by Scott Weiser

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From: weiser@dimensional.com (Scott Weiser)
Subject: Re: Arrest Slow Drivers--One County's Answer to Aggressive Driving
Date: 1998/07/01
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Newsgroups: dc.driving,rec.autos.driving,misc.legal,alt.law-enforcement,seattle.general,ca.driving