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I'm really confused as to how police have any authority to search your car without reasonable articulable suspicion. Unless there is some sign posted that says "Past this point, police may search your vehicle", you have not consented to a search.
I'm not bringing anything in, but I'll be damned if I let cops tear up my vehicle
This is posted in all caps on Bonnaroo's website: DUE TO HEIGHTENED SECURITY CONCERNS, ALL VEHICLES WILL BE SEARCHED UPON ENTRY TO THE PARKING AREA. SORRY, NO LARGE RENTAL TRUCKS OR BOX TYPE TRUCKS ALLOWED.
As you're entering the grounds, you'll also see signs saying something similar. In other words, if you enter, you have consented to a search.
That is the standard search performed by safety crew, looking for glass, fireworks, and weapons. I guess this does apply in case they want to hand the search over to the local law enforcement, but the standard vehicle search is pretty basic. Last year they just asked me if I had any glass, opened one cooler, then waved me by.
I have to admit though, I am a 43 year old guy traveling with his 44 year old wife, and I don't look like the type of person that they typically profile, so your mileage may vary.
what people are forgetting or at least seem to be really naive to is...the police will INVENT probable cause if they so wish (i.e. "his eyes were bloodshot", well no Leno officer i woke up at 2am to come here and i've been driving for hours)....and in court it will be your word vs. theirs. wonder who will win that argument?
Come on dude. That's not something you need to worry about because it's not in your control. The only thing you can control is what you do. Don't speed, don't draw attention to yourself, be cool, and don't be an idiot....
what people are forgetting or at least seem to be really naive to is...the police will INVENT probable cause if they so wish (i.e. "his eyes were bloodshot", well no Leno officer i woke up at 2am to come here and i've been driving for hours)....and in court it will be your word vs. theirs. wonder who will win that argument?
Actually, in court it would be the arresting officer's word versus the word of the law (something the officer has only an elementary knowledge of).
If you read the attorney link posted earlier in the thread he lists several scenarios which have been shot down in court and therefore provide a precedent with which you could base your defense.
The mere presence of a person in an area where drugs are discovered is not alone sufficient to support a finding that the person possessed the drugs. State v. Cooper, 736 S.W. 2d 125, 129 (Tenn Cr. App. 1987)
If you refuse to give an officer consent to search your vehicle, then only in very limited circumstances do they have the right to do so. Further, if you did give consent; the consent given must be unequivocally, specifically, intelligently, and must be uncontaminated by duress or coercion. State v. Brown, 836 S.W.2d 530, 547 (Tenn. 1992) Moreover, even if the consent is voluntary, evidence seized in the search will not be admissible if the search exceeds the scope of the consent given.. State v. Troxell, S.W. 3d 866, 871 (Tenn 2000)
Also, the police may only hold you for so long before letting you go on your way; a reasonable traffic stop can become unreasonable and constitutionally invalid if the time, manner or scope of the investigation exceeds the proper parameters. Any consent given after this reasonable time has lapsed may not be considered valid. State v. Troxell, S.W. 3d 866, 871 (Tenn 2000)
Also unless the drug dogs are in the car with the officer they are unlikely to come. The Tennessee Highway Patrol is very under-budget and the THP from Coffee County probably only owns four or five dogs (think about those odds in your head for a minute). Basically if you explain to the officer you're in a hurry and make sure to NEVER GIVE THEM EXPLICIT PERMISSION TO SEARCH YOUR PROPERTY they cannot legally search your car and any evidence found during the search is inadmissible in court.
That being said - using a little intelligence and common sense can get you out of a heap of trouble. Don't let them push you around - we're the ones that sign their paychecks.
Also unless the NO NO WORD!!! dogs are in the car with the officer they are unlikely to come. The Tennessee Highway Patrol is very under-budget and the THP from Coffee County probably only owns four or five dogs (think about those odds in your head for a minute). Basically if you explain to the officer you're in a hurry and make sure to NEVER GIVE THEM EXPLICIT PERMISSION TO SEARCH YOUR PROPERTY they cannot legally search your car and any evidence found during the search is inadmissible in court.
I'd like to believe that's true about the dogs. I live in the South East and if you don't give consent to search they call a dog and OF COURSE the dog seems to "hit on something", regardless of whether their really is anything or not. I've seen it go down more than once.
But like everyone else has said. Don't be an idiot and you will probably be fine.
The Tennessee Highway Patrol is very under-budget and the THP from Coffee County probably only owns four or five dogs
For the size of Coffee County, THP has probably assigned 2, 3 patrol officers for the entire county under normal circumstances. Most of the time these troopers will not have ANY dogs assigned to them. When THP needs K9 assistance, they will usually call either the Sheriff or a local police department.
THP is on a tight budget, but I am sure they do not fund their trooper's overtime from their regular budget for Bonnaroo. With each of you ticket holders paying several extra $$$ in fees, much of that will be going to help support the efforts to bust as many folks as possible.
Your giving most of those officers their paycheck this weekend by purchasing a Bonnaroo ticket! You, in a sense, helped to place that very officer that you would so diligently resist and presence you oppose. Why would you help to pay for their salary if you so strongly oppose their methods and tactics?
So while you sit and wait for the officers to finish searching your car (because of the extra attention you brought to yourself by saying no in the first place), think about the money that went from your ticket purchase to help pay for those officers to search your car. ;-)
Your giving most of those officers their paycheck this weekend by purchasing a Bonnaroo ticket! You, in a sense, helped to place that very officer that you would so diligently resist and presence you oppose. Why would you help to pay for their salary if you so strongly oppose their methods and tactics?
So while you sit and wait for the officers to finish searching your car (because of the extra attention you brought to yourself by saying no in the first place), think about the money that went from your ticket purchase to help pay for those officers to search your car. ;-)
