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Busted for some tint in NY

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Old 01-19-2007, 05:50 PM
  #31  
6xStang
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Default RE: Busted for some tint in NY

ORIGINAL: Sleeper05

You can even decline afield sobriety test and a breatilizer if you want, but you will be takendowntown for a more accurate blood test that you cannot refuse.
I won't debate constututional law with you regarding the search and siezure unless I am armed with a case cite...which I am not. The constitution is what it is....butthe search and siezure constraints are not absolute. There are many many ways that the prohibition against unreasonable search and seizure can be waived. Many assume that it is absolute, but it is not. Many people misunderstand the scope and limits of this hallowed, brilliant,yet flaweddocument. Expectations of privacyon publicroadswith privileged, state controlled access is not guaranteed by the US constitution. Read it; don;t take my word for it. It's the 4th amendment.(The right to bear arms, aka the second amendment, is another greatly misunderstood section. The right of individuals to bear arms, some would argue, is guaranteed by the constitution. However, the right to bear arms is infringed by almost every state in one way or the other.)

But you most certainly can refuse ablood test; that is your right against self-incrimination as set forth by the fifth amendment. There are certain circumstances by which it can be compelled, but I believe that it requires judicial intervention.
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Old 01-20-2007, 05:08 PM
  #32  
2007GT/CS
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Default RE: Busted for some tint in NY

http://www.infoplease.com/cig/suprem...-speeding.html

Don't be a dick, make the officer feel safe, comply with instructions but....

Never consent to a search.
If you are in doubt, always ask if you are free to go.

Remembering to do these two things is very important for later in case things get ugly (your roomate decided to take the dime bag out of his pocket and put it under your seat when the lights came on, you forgot you had a steak knife in the center console you were using to strip wires with, etc.)

Contrary to other postings here, your refusal to consent to search does not mean you have something to hide and can therefore be construed as probable cause. At the time you decline the search, the officer may attempt to talk you into it by saying they need to get the drug dog, etc. *That's* when you need to ask if you are free to go. If he says no or refuses to answer- then you've got groundsfor a suit. If he says yes, then go (slowly and carefully ).

As I was writing this I found a link that explains this better than I have:

http://www.flexyourrights.org/freque...d_questions#05
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