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Nicholas Carey
06-05-2006, 08:30 PM
:rolleyes: In a nutshell:

Cops stop guy for "equipment violation". Cop notices CDs on seat with "poor quality made CD case with the labeling." [sic] Semi-auto pistol on seat doesn't bother the cop -- cop searches car, citing probability of bootleg CDs as probable cause:


"based on [his] training with the recording industry the thin cases and the homemade labels in the cases led [him] to believe they were bogus CDs." He explained: They were thin case CD's and the labels on them were real blurry. You couldn't really make out the reading on them that well. You could just look at them and tell that they were bogus. Concluding that the CDs were illegitimate, the officers seized the CDs they saw and searched the car for others. Cop finds marijauna along with other CDs, busts driver for possession with intent to sell. Fortunately, conviction overturned on [obvious] lack of "probable cause".

http://www.courts.state.va.us/opinions/opncavtx/0250053.txt

What I want to know, is why didn't the cops cite the presence of the weapon as probable cause?

John Bell
06-05-2006, 08:47 PM
What I want to know, is why didn't the cops cite the presence of the weapon as probable cause?

From packing.org: In Virginia, one may carry a handgun in the open with no license. Loaded handguns on the seat or dashboard in plain view while in a vehicle are fine.

Something that is not expressly illegal cannot be probable cause.

paladin
06-06-2006, 05:27 AM
you will also notice signs all over Virginia saying "Radar detectors illegal"....they lost that one in a court case......but they never have taken down the signs.....

geeman
06-06-2006, 09:49 AM
Then I could be suspect if I got stopped for an "equipt violation".I use my computer for recording sessions when I record a new CD.I then burn my own CD's for sale where I work.Since I am the only musician on the Cd ,and the songs are either my own or old out of copywrite stuff ,,it would be fun to make a fool of the cop that tried to give me a hard time over it LOL

davidagage
06-06-2006, 12:26 PM
Geeman, We are not far apart in location, I can't imagine a THP stopping someone for equipment violation....since we have no inspections to inforce and take a look at some of the trash motoring down the highways....broken windscreens, missing tail lamps and headlamps, bald tires, no exhaust systems, bungee cords holding the door closed...wait a minute, I just described my car!!!


DG

Phillip Allen
06-06-2006, 03:36 PM
you guys from Tenn better not leave money on the top of your car though...

Backfin
06-06-2006, 08:05 PM
it would be fun to make a fool of the cop that tried to give me a hard time over it LOL

A lovely sentiment.:rolleyes:

geeman
06-06-2006, 11:40 PM
Backfin,,,,Tidewater VA?

geeman
06-06-2006, 11:41 PM
No danger of leaveing money on top of the car,,,,,,,,gotta have money to leave it anying around LOL