There is a valid message in this (mostly) off-topic exchange. The decision
holds that the US Constitution does not prevent a police officer from
arresting you and holding you in jail for an offense so minor that no jail
term could be imposed if you were found guilty. If you find no humor in the
idea of being jailed BEFORE conviction when you could not be put in jail
AFTER conviction, then you need to review the Alice in Wonderland books.
But that's not the important point, which is this: If you are stopped for
some trivial offense on the highway and the officer decides he wants to
search your car--without your permission and without a warrant--he can now
gain the right to do so by simply arresting you.
You say that you have nothing to hide? Fine, but you still get to spend your
time sitting by the side of the road (or in a jail cell) while one or more
officers and one or more dogs go rooting through your Triumph and its
contents. You also have to decide how you'll now have to answer the question
made famous by Alice's Restaurant, "Kid . . . have you ever been arrested?"
You say that your lights, horn and signals all work so there's no reason
you'd be stopped? Well, after you bail yourself out, pay the fine and towing
charges and get your TR back from the impound lot, I can guarantee that your
lights will NOT work.
Matt Ritter wrote:
>A lawyer friend explained to me that the police can
>not detain you unless you are under arrest.
>And considering its a little difficult to search a moving
>person or object you must be arrested first.
>If an officer detains you without arresting you, he or
>she has violated your civil rights.
Ask two lawyers, get two answers . . . but I'd have to disagree with all of
these statements. If you get stopped for minor traffic offenses, you are
being detained but you're not under arrest. The officer can always search
you and your car with your consent, and if you don't give consent you are
now likely to be arrested - and THEN searched!
Jim Hill
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