Quote:
Originally Posted by moeloubani
So you're saying that when the cops stop you on the road in your car and ask to do a search you should always say yes? After all, if they can't search then every criminal can just say no and drive away, right? So whats the point of all the cops? If you're in a car are you giving up your right to privacy, and if you're going to travel between states are you giving up your right to privacy? No, you aren't. And that's the point here, that you are entitled to privacy until they have reasonable grounds to arrest you and do their search. Reasonable grounds isn't refusing a search, the right to refuse the search is the same as the right to not be searched so saying you can't refuse a search means you would just let the cops search, every time.
What about if you were going through and had a laptop, cop asks to search your car, you say yes and he grabs your laptop. Then he tells you he has to take it down to the station for them to test it and you'll get it back when they're done, in a few months. You would be ok with that right, after all you drove through the checkpoint!
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That is exactly not what I said. Please go back and read what I have written.
I said that this case was different because it took place at a checkpoint. When you drive into a checkpoint you can expect to be asked questions. If you are driving down the road and you are doing nothing wrong and the cops decide to just stop you for no good reason you should be allowed to ask why you were stopped and refuse to answer any questions you don't want and you should be allowed to refuse to let them search your car if you want. In this case I was simply saying that when you go to a checkpoint you can expect to be asked questions. The checkpoint is there for a reason. If you refuse and start acting strange you will cast suspicion on yourself. When you start acting suspicious it gives then a reason to want to search your car.
The cops need to be able to search people's cars if they have reasonable cause and that has to be taken on a case by case basis. You tell me. A guy pulls into a checkpoint in a state that is known for having tons of drugs and illegal immigrants being smuggled into it. You ask him a few routine questions and he refuses to answer. Are you going to let him go? No, you are now suspicious of him. Sure, he has the right to refuse to answer, but why is he? You also have to ask yourself what types of questions were asked? This is something none of us know. If he asked where the guy was heading and the guy immediately refuses to answer that might be suspicious. I have driven into California dozens of times and at the checkpoint they always stop me and ask if I have a fruit on board. I don't see any problem with that question so I answer it. If I refused to answer it might cast a suspicion that in fact I did have fruit in my car and they might ask to search it. At the same time if they ask me some kind of question that has nothing to do with the situation at hand and I refuse to answer that they should not have a right so search me based on the question.
It is not a black and white issue. You have to take the location, the situation, the questions asked and the way the guy acted all into consideration.
For example. If he pulled up to the checkpoint and the cop asked him "Where are you coming from?" and he immediately refuses to answer that might seem suspicious. It really is none of the cops business where the guy is coming from, but if the guy was in mexico and he says, "Mexico." now the cop might say, "did anyone give you something to carry with you into the country?" or something like that. Again, if he then refuses to answer it looks funny. At the same time if he asked the the guy, "What do you do for a living?" And the guys says, "I'm a pastor." So the cop replies, "So does that mean you fuck young boys?" And the guy refused to answer you could understand that. A question like that has nothing to do with why the checkpoint is there or what they are trying to accomplish with it.
I am all for personal freedom. I think we need more of it in this country. But I also understand that immigration is a huge problem with this country and stopping it is not easy. If helping to stop it means that from time to time you have to stop at a checkpoint and answer a few questions then I don't see how this is a huge deal.