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Old Apr 7, 2011 | 8:27 am
  #34  
Wally Bird
 
Join Date: Jul 2003
Location: Salish Sea
Programs: DL,AC,HH,PC
Posts: 8,972
Originally Posted by SWCPHX
The officer, calls permitting, can sit on that car and wait to see who shows up and then stop and detain that person if they appear to fit the information/description on the warrant. Is that not an investigative interaction in your opinion? No reasonable suspicion necessary, just cruising through a mall parking lot.
The existence of a warrant for the owner of a car is probable cause. The officer cannot* stop people simply walking by or near.
Originally Posted by SWCPHX
Are you aware that some municipalities require motel employees to collect names and ID of guests? Are you aware that the motel employees are then required to turn over that information to the local cops?
Yes I am. In at least one instance this has been ruled illegal:
http://www.aclu-wa.org/news/high-cou...y-hotel-guests and I certainly hope there have other similar decisions.
Originally Posted by SWCPHX
Las Vegas, Phoenix, and Mesa AZ among others I'm sure.
Santa Cruz Ca., Richmond Va. for certain and I am sure this is a widespread practice.

* You're still missing the point. It's not what the police are currently doing, with or without local municipal support, it's whether such practices are Constitutional, legal and moral. Unfortunately each such instance has to be challenged individually (see above) despite the Supreme Court having declared suspicionless searches to be generally illegal.
Moreover, this decision definitively stipulated that regardless of purpose, in order for any state to engage in any act that involved suspicionless search there had to exist a viable, compelling government interest or special need to justify infringement on individual rights granted under the U.S. Constitution.
Chandler v. Miller (96-126), 520 U.S. 305 (1997) et al.

I am not anti-law and order but without checks and restraints the police will simply do whatever they feel justified in doing. I don't care if their motives are good or not some things are simply wrong and beyond the pale. Sometimes far beyond.
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