Wednesday, October 22, 2014

Profiled as a Disc Golfer: When Do Police Have the Right to Search Your Car?



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 "I need you to answer me a question. Why is it that everybody that plays Frisbee golf smokes weed?"

This would be an impertinent question when put to any disc golf enthusiast. When it is asked by a police officer during a routine traffic stop, it moves from rude to threatening.

This is exactly what happened to an Ankeny, Iowa resident when he was pulled over by local police officer Aaron King. The traffic stop was captured on video and uploaded to YouTube under the title "Ankeny, Iowa."

Officer King pressed the driver repeatedly, saying, "you can't tell me you never smoked weed before." His questions became more insistent and pointed. "How much weed do you have in the car today? Nothing at all? Nothing on your person?" Eventually, King asked how much weed he would find if he searched the car.

The driver continued to calmly tell King that he did not have any weed with him or in his vehicle. Toward the end of the conversation, the officer said, "You understand, you are free to go, but you wouldn't have a problem with me looking through your car?"

The driver declined. Under your Fourth Amendment rights, you are protected from unreasonable searches. A traffic stop is not legal reason enough to search your car; this is why the officer asks permission.

Profiling laws vary from state to state and are mostly voluntary. Most written laws also deal with race. While there's no specific legal protection for disc golfers, the presence of a disc golf bag is not evidence of a crime, and thus not legal justification for a search.

Officer King eventually relented and the video ends with him walking away. After the video appeared online, the police department apologized on their official Facebook page. The Chief of Police said that the video was being reviewed.

Here is the official apology from the Ankeny Police Department:

"...The officer engages the driver in a line of questioning that is foolish and not representative of the Ankeny Police Dept.’s training or interactions with the public. This verbal exchange did not meet the level of professionalism expected of Ankeny police officers. Ankeny Police Chief Gary Mikulec respectfully apologizes for the officer`s demeaning statement..."

The video is not just an example of an officer behaving unprofessionally. It is a perfect example of what to do if you are stopped. If you are stopped by police:
  • You have the right to refuse to consent to a search of your car or a search of your person. However, if the officer believes that you car contains evidence of a crime, he or she can search your car without your consent.
  • You and your passengers have the right to remain silent if you do not wish to answer questions. Tell the officer out loud that you are choosing to exercise that right.
  • If you are arrested, you have the right to have a lawyer's assistance. As for one immediately if you are arrested.
  • If you are not being arrested, you have the right to leave. Ask the officer, "Am I being detained?"
While cops are allowed to ask questions, you do not have to comply with their requests. Know your rights and how to defend them. By protecting your privacy calmly, you can protect your freedom.

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