From: ahk@chinet.com
Stephen Sprunk wrote:
>On 14-May-14 15:13, hancock4@bbs.cpcn.com wrote:
>>While this pertains to highways, it can have an adverse impact on
>>railroad passengers and ordinary pedestrians, too. Under the new
>>law, you can be arrested even if you're not carrying contraband.
>You are grossly exaggerating this.
>This law only criminalized having a "secret compartment" in your vehicle
>that the police can establish (beyond a reasonable doubt) is "intended"
>to be used to carry contraband. Basically, the goal is to be able to
>nail smugglers on return trips when the compartment is empty--assuming
>you're not smuggling things in both directions.
Can you give me an example of this? You can't "nail smugglers" who aren't
smuggling. No criminal is engaged in criminal activity during all waking
hours. I'm not in favor of charging someone with a crime when it happens
to be convenient versus actual evidence.
There could be a non-criminal purpose to a hidden compartment, such as
thwarting robbers.
>>The 'probable cause' to be stopped is made easy, too.
>You are grossly exaggerating this as well.
>Cops never needed "probable cause" to stop you; they only need
>"reasonable suspicion". And the standard for "probable cause" hasn't
>changed one bit; all that this law does is allow warrantless searches of
>a vehicle when the cops have probable cause, which many other states and
>the federal govt already allow--and many courts in PA also already
>allowed due to existing PA law not being clear on the matter.
I don't know when cops have probable cause to engage in a warrantless search
for a hidden compartment. Busted tail light that happens to get busted
after pulling over the vehicle?
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