Tag: traffic stops

Nervous About Traffic Stops? I Am. You Should Be, Too

Guest Post by John W. Whitehead

We’ve all been there before.

You’re driving along and you see a pair of flashing blue lights in your rearview mirror. Whether or not you’ve done anything wrong, you get a sinking feeling in your stomach.

You’ve read enough news stories, seen enough headlines, and lived in the American police state long enough to be anxious about any encounter with a cop that takes place on the side of the road.

For better or worse, from the moment you’re pulled over, you’re at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

This is what I call “blank check policing,” in which the police get to call all of the shots.

Continue reading “Nervous About Traffic Stops? I Am. You Should Be, Too”

Warrants? We Don’t Need No Stinkin’ Warrants!

Guest Post by Eric Peters

America is becoming unrecognizable. The landscape is still familiar; the flag looks the same. But it is a changed placed.Life in the Homeland

And some places are more changed than others.

In New Jersey, the state Supreme Court has just ruled that a cop can search your vehicle if you are pulled over for any reason – and without a warrant.

A defective turn signal, for instance.

Or a seatbelt “violation.”

Basically, the NJ court has ruled that once a cop turns on his emergency lights, your Fourth Amendment rights have been forfeited.

It used to be (and still is, in other states) that more in the way of evidence or at least, “reasonable suspicion” that the car’s driver or occupants had done something else (besides the alleged traffic infraction) was necessary before the cop could – legally – search the vehicle.

Not buckling up for “safety,” for instance, was insufficient, by itself, to legally justify searching either the driver or his vehicle.

The cop needed a warrant.NJ SA on parade

“I do not consent to any searches.”

“Am I free to go?”

Not anymore.

It used to be that the cop was empowered to check the driver’s papers (license, registration, proof of insurance) but – absent some additional grounds for suspicion – that was as far as he could take it.

Continue reading “Warrants? We Don’t Need No Stinkin’ Warrants!”

Drivers, Beware: The Costly, Deadly Dangers of Traffic Stops in the American Police State

Guest Post by John W. Whitehead

“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official. The framers would be appalled.”—Herman Schwartz, The Nation

Trying to predict the outcome of any encounter with the police is a bit like playing Russian roulette: most of the time you will emerge relatively unscathed, although decidedly poorer and less secure about your rights, but there’s always the chance that an encounter will turn deadly.

The odds weren’t in Walter L. Scott’s favor. Reportedly pulled over for a broken taillight, Scott—unarmed—ran away from the police officer, who pursued and shot him from behind, first with a Taser, then with a gun. Scott was struck five times, “three times in the back, once in the upper buttocks and once in the ear — with at least one bullet entering his heart.”

Samuel Dubose, also unarmed, was pulled over for a missing front license plate. He was reportedly shot in the head after a brief struggle in which his car began rolling forward.

Continue reading “Drivers, Beware: The Costly, Deadly Dangers of Traffic Stops in the American Police State”