-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.