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Old July 6, 2013, 02:24 AM   #12
dakota.potts
Senior Member
 
Join Date: February 25, 2013
Location: Broward County, Florida
Posts: 2,795
Hunter, I respect your opinion and in all reality that is probably how I would handle a situation.

However, after complying with a stop, there should be no reason to ask a person to roll their window down past speaking distance. If you ask and that person decides to (as I might after an initial exchange with an officer), I would do so. On a tangent, I would also provide ID or at least verbally identify myself without detainment unless I had some reason not to. But it is within the rights of others not to.

If a cop suspects a person is behaving erratically, he or she may then have reasonable suspicion to ask the person to submit to a breathalyzer or other alcohol test. At this point I would think that person would have to submit or be arrested.

Likewise, if an officer saw a bunch of orange pill bottles with no labels on the floorboard, I think that should prove more than reasonable suspicion for a search to verify what the drugs are.

This kind of activism does make people more aware of their rights. It makes them draw a line in their mind. "I will talk to a cop and give identification but will not submit to any searches" "I will not provide any information without reasonable cause" etc. And when something happens in the future and the checkpoints progress to be more intrusive (as will happen due to human nature) they will be more aware of their rights and where to take a stand.

Consider many people would love a machine gun but don't think it's part of their right under the 2nd amendment and feel they will never be able to own one.

So too should many people enjoy their 4th and 5th amendment protections and be more aware of what they are afforded.

Comparing the 4th and 5th amendments to the 2nd once again, this is like open carrying an AK pistol in a Federal park with your hand on the grip and looking for a police officer. If you want to open carry an M249 for your protection because you legitimately believe it is your best bet, do so. Doing so for the point of posting a YouTube video and rallying a community is ill-advised and should be done very carefully. Likewise, if you want to enjoy your protection from unreasonable searches because you legitimately think it's in your best interest, do so.

Disclaimer: I haven't seen the video yet so I'm not protecting the guy in question, just a hypothetical person.
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