The 4th Amendment and knowing when to say NO

Today boys and girls, I would like to talk about the 4th Amendment of the US Constitution -

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 no Warrants shall issue, 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

Why is it important to know this?  Because you have the RIGHT to refuse any searches performed by the police. 

• Pulled over for speeding and they want to search your car?  Tell them no. 
• Cops show up for a noise complaint, turn the music down and tell them sorry.  Take the ticket and don't let them in.
• Someone want to search your backpack while you are in a store (don't get me started with the stupid Walmart door alarms) – ask them to call a cop, and he better bring a warrant.

Ok, these are extreme cases – an yes, the cop could make your life a pain for awhile while he gets a warrant, but remember – refusal is a right….not an admission of guilt.

Why does this come up?  Because of todays news story out of Polk County Florida.

You see – if you are pulled over for a broken taillight and you can answer yes to any of these three questions…..you should probably refuse the search, take the chance the cop just sites you for the taillight and pray -

• Your Name is Stoner
• You have joint disguised as a cigar on the center console
• There is a Dead Alligator in a Tool Box

Since this knucklehead answered yes to all three…..and consented to a search, you can imagine where this is going.

Polk Deputy Searching Truck Finds Dead Alligator in a Tool Box

WAHNETA | A Polk County deputy found marijuana in two men's truck Tuesday and something strange stashed in a tool box: a dead 4-foot alligator, arrest reports say.

Jessie Stoner, 20, and Christopher Walling, 22, both of Winter Haven, were pulled over about 1:20 a.m. on First Court East in Wahneta because they had a broken tail light, arrest reports say.

They gave the deputy permission to search the truck and he found a cigar wrapper stuffed with marijuana on the console, reports say.

"I haven't smoked in a while," said Stoner, who was driving when the deputy pulled them over, according to his arrest report.

The deputy arrested them and then continued his search, discovering the alligator's body.

Stoner and Walling were charged with misdemeanour counts of drug possession and taking an alligator without a permit.