This Could Happen To You

-Submitted by David Drumm (Nal), Guest Blogger

This video of Collinsville, Illinois K9 officer Michael Reichert violating the civil rights of two guys returning from a Star Trek convention.

The laws of physics must have been suspended when Reichert, standing at the rear of the car, says the wind is blowing this way so any odor in the car would be blown to the front.

It turns out that Reichert has a conviction for selling counterfeit Oakley sunglasses, and in a federal drug case the judge dismissed Reichert’s testimony.

This seems like a good time to remember Scott Morgan‘s five reasons you should never agree to a search:

1. It’s your constitutional right.

You have the right to refuse random police searches anywhere and anytime, so long as you aren’t crossing a border checkpoint or entering a secure facility like an airport.

2. Refusing a search protects you if you end up in court.

Basically, if there’s any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court.

3. Saying “no” can prevent a search altogether.

If you remain calm and say no, there’s a good chance they’ll back down, because it’s a waste of time to do searches that won’t hold up in court anyway.

4. Searches can waste your time and damage your property.

You certainly can’t count on officers to be careful with valuables or to put everything back where they found it.

5. You never know what they’ll find.

A joint roach could stick to your shoe on the street and wind up on the floorboard. A careless acquaintance could have dropped a baggie behind the seat.

There a lot of good information in the following video by law professor (and former defense attorney) James Duane on why he will never talk to the police:

H/T: Radley Balko, Orin Kerr, ACLU, Flex Your Rights.

63 thoughts on “This Could Happen To You”

  1. id707.

    here’s a few acronyms posters use on this blog;

    AFAIK as far as I know

    BMG be my guest

    BRB be right back

    BTW by the way

    FWIW for what it’s worth

    F2F face to face

    IMHO in my humble opinion

    IOW in other words

    JK just kidding

    K okay

    LOL laughing out loud (of course)

    ROTFL rolling on the floor laughing

    TIA thanks in advance

    WTG way to go.

    1. Yes but! Those videos ”disappear” all the time! Usually if they’re needed. If they didn’t disappear, that would be a different story, but they ”lose” them quite often!

  2. I don’t understand. I would think that saying no wouldn’t make any difference. What stops them from saying that you said yes? and why can’t they go ahead and plant stuff anyway, even if you refuse them the search? We all know that the majority of the people in court believe cops. Well, at least they USED to!

  3. Arthur Randolph Erb1, March 18, 2012 at 10:49 am

    That cop who hit the girl had been hit a couple of times by HER! Too bad the cop didn’t get to tag her better than he did.
    That armed, padded, heavy, cop, PUNCHED her in the face.
    I doubt she was sitting pristinely and completely without blame but I sure didn’t see him attempt to restrain her….he was pissed and proving it against her. He was acting abusively and was out of control.

  4. id707

    spent the night at the county jail in vienna. $500.00 bail, fine was $500.00. reason for the stop was the same as the video, weaving in our lane.

    their dog was so old he tried to go to sleep during the check.

  5. If for no other reason, the single best reason for refusing a search is the risk of having some “evidence” dropped in your car. It happens all the time. One thing this motorist did wrong was to let the officer engage him in a dialogue. Keep your mouth shut and repeat the broken record mantra: “Am I under arrest? If I am not under arrest, may I please leave now?” Do not agree with the officer about ANYTHING; not even that today is Sunday, if asked.

    Nothing else. Same as the military teaches how to respond to an interrogator; name, rank and serial number only.

  6. pete,
    how many months did you get,or was he a cousin? but maybe you were LOE yourself, so it was ok to say that.
    for me I got a split lip (with stitches) and a former DA as a defence lawyer.

  7. this can happen to you.

    this has happened to me. 1992 dooly county ga (off i75). at one point i told the officer if he would rub some bacon grease on the door i bet the dog would “indicate” on the door.

    through all this my dog, a female doobie and in heat, stayed in the van.

  8. Jill,
    Oh, yeah. But those ten years come if you have a weapon or dangerous implement with you.
    Guess it is sufficient to have a picket sign on a board. Eeehhh? Gene H.?
    Thanks for the reminder.

  9. “Jill
    1, March 18, 2012 at 12:22 pm
    OWS was viciously attacked again last night in NYC”

    Which is becoming a very scarey place.

  10. See Gene’s post on this law. It has been passed and signed, quickly and without notice. You now get a felony for protesting in circumstances where the Secret Service is present. I’m not playing any card, I’m speaking about facts. The facts fall where they may, right or left, Obama or any other Democrat or Republican.

    To clarify my earlier post, I call for peaceful protest. Our society is beyond the rule of law and things will only be made more vicious is we the people become violent. Violence should be met with soul force or we will fail to restore any form of society people want to live in.

  11. Jill,

    I buy that. Glad you did not play the Obama card, just that helps us here.

    But I must play it now. Here is Obama’s latest deal with corporated America. It is to heighten our war preparedness.
    See his executive order from Friday, and give feedback.
    I’ve posted it earlier and got none. There are blogs, but will save them for now.

  12. As for understanding wryness.
    That would require understanding DWB and its contextual use, etc.
    Which I don’t. So you assume I’m baiting out of twisted motives. How sick you are.

    You obviously don’t admit that there exist those who are uninformed.

    So again you are berating the ignorant, which I find disgusting.

    The more you say, the more disgusting I find you. Good man.

  13. AY
    You only tried to use my ignorance to enhance your standing. I have not been on your side of the Atlantic webwise since many years, so my questiong was an honest one—not whatever you say it was.
    But as usual you avoid addressing my issue.

    What does DWB mean, just like I don’t know what lol or LOL means.
    I asked about lol and got no answer. Guess all thought I was baiting.
    “Everybody” knows that, they thought..
    Lots of laughs or lots of luck: Which?
    But unsure if it means something else here. You know, all of you here, the Bronx vs Brooklyn.

    Stop berating the ignorant.
    And stop persecuting me without providing proof,
    You can’t see me for all your prejudices.
    So never mind, won’t answer your baits anymore.
    And I ain’t scootin’. As for turmoil, it’s only in your mind. Poor you.

  14. OWS was viciously attacked again last night in NYC. All these stories of police brutality, use of military weapons and economic hits such as the fake mortgage settlement that will actually entitled banks to foreclose on more people (see naked capitalism blog) are completely related. This govt. is tightening its noose around the people. They are stealing from us and if you object, you are now subject to a felony (yes, that law passed on protests and was signed by Obama), your home can be taken, you can and will be physically and psychologically brutalized by authorities.

    We must start making the connections between what appear to be disparate events. We seem asleep as a people, distracted easily by propaganda and election events. This is so dangerous because the govt. is our enemy, whether they are called left or right or we call ourselves left or right. The sooner we see through the BS and understand what is being taken from all of us as a society, the better chance we will have. It may be only a small chance but it is something we don’t have when we are on the drugs of distraction and lies.

  15. Police departments keep all or part of the money associated with drugs. It is a major funding source. The higher ups tend to look the other way as to how they are found. Notice that the “stop” was all about drugs.

  16. I707,

    If you weren’t so twisted and manipulative you’d probably get the wryness….. But hey…. Go off and create another turmoil….. Scoot…

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