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[pct-l] Search and Seizure
I think wayne has given some good common sense advice,but as a semi-reformed evil doer,let me give you some real world advice, from the dark side:)
these arn`t your dads forest rangers.Increasingly the forest service is attracting people more interested in the law enforcement aspect of the job, then in traditional duties. Make no mistake, these are real cops in every sense of the word, with the same powers ,attitude and authority as any cop on the beat.
Let me give you a simulated situation.Here you are, a bearcanless hiker,walking along when a ranger steps out of the woods and asks to see your bearcan .You, fully aware of your "rights" say "hell no, wheres your warrent?"heres whats going to happen.first the cop will probally say "fine,you are now being detained,you are not under arrest, but you cannot leave" He may then radio in to get a warrent,or wait untill another ranger comes by and send them into town to get it.Either way your going to sit for hours(or days) without your pack.I know what your thinking,don`t they have to have probable cause to search me? baahaahahaha ,probable cause is whatever the cops want it to be and it`s rediculusly easy to come up with;you were acting nervious,detected a strange odor,or in this time of hightened security, you fit the profile(whats the profile?it`s a secret)also you will most likely be in a small county making it that much easier(small countys are notoriously insular)the judge is
probally the rangers fishing buddy!
while waiting ,the ranger will of course keep telling you that this can all be over in a second if youd just consent to a search,which is their goal in the first place.One warning,if something like this happens,keep your cool and your mouth shut,if you fail the "attitude" test bad things can happen. cops don`t like their time wasted or authority challenged,you may be goaded into the mistake of your life(this dos`nt happen too often,but it does happen)wayne is absolutly right,resisting arrest or making "terrorist" threats can put you in a world of hurt.
so,after seeing a couple of episodes of perry mason and checking out judge judy ,you decide to take this to court you know youll win,the law is on your side,they cant do this,ileagle search,detention ,bla bla bla.wrong. i think it was napoleon who said "history is written by the winners"you are the defendant,you are not the winner.The winner is the cleancut officer sitting in the courtroom who wrote the official history of your encounter,the police report.This report may or may not be accurate but one things for sure,your not going to get the benefit of the dought either in the report or the courtroom.To the people that matter(judge,prosecuter) your just some scumbag, trying to get out of your well deserved punishment,and you will be treated accordingly. think about it, there were only two people involved in this incedent, you who has every reason to lie, and that nice clean cut american hero,whos just doing his job keeping the country safe,who do you think a judge or jury is
going to belive? robert
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