Thursday, January 5, 2012

And this is why you should not submit to search

I get it that the suspect was searched AFTER he was arrested for failing a sobriety test, but this goes to show what the police will use as evidence against you in a court of law.

Does anyone really believe that Mr. Garrison (Hello Mr. Hat) actually drank 20+ Jack and Cokes AND other drinks?  Does it really matter that his bar tab was $140?  Why did the police publish this information, other than to sensationalize the case?  Does the police department always put out key information in a case or the contents of every suspects wallet/pockets?

Everyone should remember the 4th Amendment -

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and Warrants shall not be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The driver failed a sobriety check – why the search of his “papers”?

Drunk driver had nearly $140 bar tab

Police in Florida say a drunken driving suspect who said he had only two drinks had a receipt in his pocket showing a nearly $140 bar tab.

Ocala Police said they stopped an orange Hummer on East Silver Springs Boulevard early Friday after a report of a possible drunken driver, the Ocala (Fla.) Star-Banner reported.

Driver Bradley Garrison, 40, had a strong odor of alcohol on his breath, police said, but told officers he had only two drinks at the Charlie Horse Restaurant and Lounge.

Garrison was arrested after failing a field sobriety test, police said.

While searching Garrison, officer Charles Hunt said he found a receipt in Garrison's front pants pocket from the restaurant showing purchases including 20 Jack Daniels drinks and other drinks, for a total bar tab of $139.09.

Whether Garrison had consumed all the drinks was unclear.

He was taken to the Marion County Jail, where he couldn't complete a breath alcohol test because of vomiting, police said.

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