Police Search And Diaper Stashes

[Guest johnmarshall]

This is a true story, my story. Short and sweet and should put to end fears of getting pulled over and your "stash" being found by a police officer.

I work at client sites in my region which is about 500 miles radius. On the way home from a two day trip, I was pulled over along I-80 near a known drug corridor. I was only about 20 miles from home. Cops around here get their name in headlines when they make 100-1000lb drug busts. They become local legends, so they are always ready to pounce on a vehicle that looks out of place.

The vehicle is a company car, out-of-state plates. Anywhow, so I just pulled an all-nighter working all through the night, and am driving 300 miles home. Its mid-afternoon, I am completely spent emotionaly, physically, and mentally. I am in such a zombie phase that the whole proceeding affected me very little. I can only assume if I had been more awake, a level of anxiety would have replaced the zombieness.

Anyhow, so I come off an exit and onto the main highway that leads into town. The speed limit drops faster than I expected (not my usual route), and about half a mile in a cop pulls off a side street and speeds up behind me and pulls me over.

Its not the first time I've been pulled over. Infact, with a fleet-vehicle, you can usually show some papers, explain you work for so and so, and you're on your way without further question. Cops don't usually like to interfere with commercial traffic. Except.. when the driver is clearly out of it.

So he pulls me over, asks for license, registration, etc. I give it to him and he asks me to walk back to his car. Before he allows me into his vehicle he has to pat me down. Keep in mind, I am packing... attends. After being felt up and down, I sit in the passenger seat of his cruiser. Then his partner walks around my vehicle, looking inside windows. You see -- they only need to reasonable suspicion to do a full search of the car. Reasonable suspicion would be like if there was a crack pipe sitting on the dash or something. On a side note, I'm clean, I've never done drugs.

Anyhow, then the officer in the car asks me if they can search the vehicle. Dreadfully, I ablige and immediately follow up with "Officer, I would really appreciate a warning for speeding." I figured them fullfilling their desires to search my car would produce a warning instead of a hefty fine. After handing the keys to the officer, they open all the doors and start searching through the various product-boxes and my personal overnight items. I had a case of attends-10 and two rubber pants with my personal items. There was also a package of tena pull-ups in the front of the car on the passenger floor-board.

So as the one officer is searching the vehicle, I just close my eyes and wait to be prompted about diapers. I assume they are going to conjure up that diapers would be a good drug muling technique (which, I might be on to something here...)... After about 10 minutes of the car being searched, I ask if bringing the dogs (like I said, everyone around here knows the drug-enforcement team and their dogs are legends for their busts) to do the search if it would go faster. The officer called the K9 team and a couple minutes later the dog is searching in and out of the car. The officers open boxes and my personal overnight case for the dog to sniff around in.

In the end, I was given a warning for the speeding violation, and some muddy paw-prints on the drivers-seat.

The five officers and K9 unit never questioned the extra padding on the pat-down, they and never mentioned the diapers, though as I pulled away they were all chatting amongst themselves alongside the road. I figure they were more upset that I wasn't a drug mule than I was wearing diapers.

Personally I don't feel violated. I'm glad they do as good of a job as they do keeping drugs out of our neighborhoods. And I admit 100% that I must have looked incredibly suspicious being as worn-out as I was.

On another side note, all traffic stops in Wyoming the officer must give you a business card and his badge number and a number to call with comments. I guess the people are fed-up with power-obsessed cops.

[Guest Wetnmessy247]

Reasonable suspicion does lead to probable cause.

If there is nothing in plain view like contraband or....weapons....or a body...you are good.

Cops play the dangerous game of a silly puddy playground: if they can't build a reasonable suspicion, they will usually try to get something from you word of mouth.

You do NOT have to consent to search. And contrary to popular belief, officers CANNOT use your denial of consent as reasonable suspicion.

Thanks to the landmark case Terry v Ohio, the "pat down" he performed was NOT to find drugs or feel your diapers. A pat down is a precaution officers are entitled to perform as a way of securing the area.

Now here is something neat as a result of Terry v Ohio: had the officer felt the diaper on you and, for whatever reason, thought you had something under there and started "feeling" to determine something inside, that is a violation of your 4th against unreasonable search and seizure. An officer CANNOT maniuplate clothing to determine contents. The patdown is all they can do. At first.

But say you were packing a gun and in the pat down they feel it. If it is something that can be detected without manipulating the clothes, then it's no longer RS but PC.

So....if the officer patted you down and heard a crinkle crinkle sound and started manipulating your clothes to determine what made you crinkle, you were just violated of you 4th unreasonable search and seizure.

[dl_ashlee]

Reasonable suspicion does lead to probable cause.

If there is nothing in plain view like contraband or....weapons....or a body...you are good.

Cops play the dangerous game of a silly puddy playground: if they can't build a reasonable suspicion, they will usually try to get something from you word of mouth.

You do NOT have to consent to search. And contrary to popular belief, officers CANNOT use your denial of consent as reasonable suspicion.

Thanks to the landmark case Terry v Ohio, the "pat down" he performed was NOT to find drugs or feel your diapers. A pat down is a precaution officers are entitled to perform as a way of securing the area.

Now here is something neat as a result of Terry v Ohio: had the officer felt the diaper on you and, for whatever reason, thought you had something under there and started "feeling" to determine something inside, that is a violation of your 4th against unreasonable search and seizure. An officer CANNOT maniuplate clothing to determine contents. The patdown is all they can do. At first.

But say you were packing a gun and in the pat down they feel it. If it is something that can be detected without manipulating the clothes, then it's no longer RS but PC.

So....if the officer patted you down and heard a crinkle crinkle sound and started manipulating your clothes to determine what made you crinkle, you were just violated of you 4th unreasonable search and seizure.

If you start making more posts like this, rather then hey look how stinky I am and want to sit around for others to smell it you will start getting some respect around here.

Also if you are going to poop around others I really suggest to get some of that stuff that turns your poop green, really lessens the smell, please don't make a stigma of people who really need them as that what people assume when they smell you and I certainly would think the person doesn't keep up with their hygiene if they sit through a movie where they have clearly messed themselves. I know I would never want bowel problems as I personally would stop what I was doing to go clean up as people are not going to be understanding if you make them stand around well you smell really bad, but they will be if you go and do something about it.

iF YOU

[Santiago]

Wow, you should never consent to a search. It gives cops way to much leeway and power over you.... just think of all the times wasted with the dogs, etc...

[Horndog]

Let's put it this way. If a cop ever bothers you about your diaper-wearing, then you could file a grievance at that cop's department, citing inappropriate conduct. The cops don't want that. It's not something that they can simply shake off their record or sweep under the rug.

[toddmdl]

I would never consent to a search like that they had no reason to search your car. Must be awful to be a highway drug patrol cop, it's sad they have to arrest some loser they catch with drugs just to make themselves feel good about it. All the while they missed hundreds of other cars with drugs. Oh well, to each their own.

[messyman]

Watch these videos

http://lawiscool.com/2009/04/16/why-you-should-never-talk-to-the-police/

What you did was kinda insane. Unless you are the only person to have ever driven that car there could have been something illegal jammed down a seat cushion crack that would have made your life miserable and expensive for a while.

[babytommy1981]

if an officer ask to search your car, you can ask if they have a warrant, if they do not then they can not search your car, also if your ever pulled over and an officer ask do you know why i pulled you over, the answer should always be NO i do not know.

as if you sayed i was speeding or something else they didnt know you did they can and will fine you for everything and anything you say. It was great having a father thats a cop growing up. as i know what to say and not to say.

[Repaid1]

if an officer ask to search your car, you can ask if they have a warrant, if they do not then they can not search your car, also if your ever pulled over and an officer ask do you know why i pulled you over, the answer should always be NO i do not know.

as if you sayed i was speeding or something else they didnt know you did they can and will fine you for everything and anything you say. It was great having a father thats a cop growing up. as i know what to say and not to say.

Thus I'm sure he told you the biggest no-no...."My dad's a cop"!

[rusty pins]

I do somewhat agree about giving permission for a search of your car. On the other hand, I have nothing to hide (except possibly diapers now and then), and I have never done drugs, smoked pot or had open beer or booze in my car. I'm the only one who ever drives my car so I'm not worried that anyone will find any contraband. The only people who ride in my car are my parents and a couple friends who do not smoke or do drugs or anything. On the other hand, I am 50 years old and that may have something to do with it as well (even though I never smoked pot or anything when I was younger).

Now, if I knew I had notihng to hide and a cop asked to search my car, why piss him off more by refusing and acting like I had something to hide? If the cop suspected something, he could get a warrent or work it out so that he would have resonable suspicion in order to search my car. If I just wanted to get it over with as quick as possible so I could be on my way, I'd allow the cop to waste his time by searching my car for something he won't find.

I look at it this way. Police do an important job even though many people just plain hate cops. I read several times a week where cops have pulled over a car full of dealers speeding on the highway between Chicago and Detroit. That confirms right away how stupid these dealers are! If I had a car full of illeagle drugs, I'd be doing the speed limit in a car with working lights and obaying all the traffic laws! These dope heads get caught by speeding and disobeying the law. When I drive the highway every day, I applaud the cops who are looking for dope heads and drunk drivers! I've been forced off the road more than once in the past 10 years by drunks and nut cases! Sure, there are always bad cops out there but I feel the majority of them are good and just doing their jobs. If they stop me on the highway, then they must have observed me doing something wrong, even if it's just not signeling a lane change. The few times I've been stopped I've had no problems at all. I was never even asked to get out of the car. I just gave my license, registration and insurance and was let go. I'm sure that if they suspected anything based on the way I was acting (including being argumentative or belligerant), they would have had me step out of the car and pat me down at the very least! Again, I don't have anything to hide so that has never happened!

[curiositykilledthecat]

If an officer asks you if he or she can search the car, then they do not have reasonable suspicion to do so and would be in violation for doing a search afterwards. Essentially if a cop has to ask to do something, they do not have the legal backing to do it. Now, arguing with the cop is pointless and you are better off just letting them search the car, however your home, not with out a warrant.

[DailyDi]

Where I live refusing a search IS considered suspicious, and you'll be sitting in their car while they call the drug dog to try and get cause.

[Loveable_guy]

That’s the one thing I love about this board and others like it. Despite the reasons we are gather here there is some great information other then that about diapers posted here.

I love the video about not talking to the police. And well yes Daily is right it could be perceived as hiding something sometimes too much information is not good. Well I hope I don’t get pulled over anytime soon I will remember to keep it short. Thanks messman for the site.

[WallaWalla]

Refusing a search is a legal right, but the reality is different than the theory. Most of the time refusing a search will put the officer on alert, and they will decide to detain you until they can get a dog to do a walk around. Now, you might not having anything at all, but some police are very good at giving the dog a false signal so it will act like it smell something when it actually does. If the police officer gets the dog to give a false signal, then they have probably cause to search your vehicle. Keep in mind that they don't even need a reasonable suspicion to get a dog to take a walk around your car in the first place.

While I have never been asked by a police officer for consent to search my property, I would consent immediately were I in my vehicle. Chances are that the officer is just going to do a cursory look-over and be on his way.

However, on the other side of that, don't volunteer for a search if you aren't asked. You are more or less surrendering your rights and making yourself seem more suspicious at the same time when you say things like 'bring the dog, I want out of here!'

The link provided about why you should never talk to police is 100% spot on. If a police officer is on duty, he's just looking for a reason to arrest you. It's part of the job description, and I'm not even trying to say something like 'they are all crooked' here. He/she is just concerned about piling up the evidence and letting the court sort it out later. Even if you are entirely innocent, the most benign of statements can be spun into damning 'evidence' by a good attorney.

[Bettypooh]

I do somewhat agree about giving permission for a search of your car. On the other hand, I have nothing to hide (except possibly diapers now and then), and I have never done drugs, smoked pot or had open beer or booze in my car. I'm the only one who ever drives my car so I'm not worried that anyone will find any contraband.....

....Now, if I knew I had notihng to hide and a cop asked to search my car, why piss him off more by refusing and acting like I had something to hide?....

....If I just wanted to get it over with as quick as possible so I could be on my way, I'd allow the cop to waste his time by searching my car for something he won't find....

....Police do an important job even though many people just plain hate cops.....

....If they stop me on the highway, then they must have observed me doing something wrong, even if it's just not signeling a lane change....

I'm going to pick you apart so brace yourself-

Even though I have nothing illegal in my car, there will be no searches without a warrant. Why? Because first, I gave them no reason to search my car and they know this just as well as I do. They also know that the law makes it clear that they cannot search without a warrant or permission- and that a criminal with something to hide isn't going to grant permission- so if they want to search my car there can be only one reason for them to ask for that: they want to "play god" and screw my Constitutional rights over to boost their own ego. Second is that once you open the door to usurpation of your rights it is legally harder to say "stop" when they try to go even further, and courts have upheld this stand.

Now I want you to explain why a cop would get "pissed off" for you simply not letting him trash your Constitutional rights? Just because I have nothing to hide does not give them the right to look "just to be sure". If they have reason to look I cannot legally stop them. Knowing this, what screwed up logic does it take for them to ask, knowing that in effect it is a stupid request? Is this the IQ we expect of our cops? Apparently it is!

Allowing the cop to waste his time and yours by letting him search your car when he should be available to look for real criminals is taking him away from his job. If he thinks he can get a warrant he's going to do that and he will be tied up for awhile anyway, but since he knows he can't, you and him will usually be on your way sooner by refusing the search- and with any luck he will use that free time to catch a crook instead of hassling you. Allowing the police to get used to trashing your rights will lead the them doing more of it If they don't like your legal response to their question they are wrong, and id they hassle you over that it simply means that they have no respect for the law and are as bad as the crooks they claim to be looking for!

I have been pulled over by a cop who said I was weaving in the road when I most certainly wasn't. I was driving very cautiously because at the time I had no insurance and an illegal tag to boot! (I was being young and stupid there ) As I show him my license he asks if I've been drinking. "No sir, not a drop" is my reply. (Angrily) "Don't hand me that! I know I pulled you over for DUI last month!" (NOW we get to the truth) My calm reply: "No sir, you did not. Look at my license and see if the name matches whoever it was that you pulled over- it wasn't me. I just got out of the hospital and can't drink a drop right now." (More PO'd after seeing that I won't be intimidated by him and almost screaming) "I'm going to run your name and if you've got a warrant you're going to jail- and don't try to run!" Well DUH! Of course I'm going to jail if there's a warrant on me- who would think otherwise? And how the he!! am I going to "run"?- I'm driving an old 1200 Honda civic that can only outrun Yugos at best! And SC thinks that this level of intelligence and courtesy is proper for it's troopers

Now what defense can I have to being seen weaving in the road? None- absolutely none. And we know why I got pulled over- though he'd never admit the truth in court would he? Noooo- that would ruin his all-important case which matters more than someone's rights. The most stupid thing is that he could have pulled me over legally if he suspected that I was driving under suspension just because I looked like someone he had done that to so he could verify that I was not that person. But instead he did what he was trained by his fellow officers to do- screw their rights and make a reason they can't fight to stop them The nice part is that this fool was so PO'd that he didn't remember to run my tag so he never found that I was doing something illegal Tell me, do you think this out-of-line illegal-but-properly-motivated cop wouldn't do this to you too? What could stop him when you can't?

I had a black friend whose license was revoked because he beat the crap out of a cop who (in another case of mistaken identity) thought that his car was the one who evaded him earlier. It would be a funny story were it not for a good and innocent person coming to permanent harm. Ice T was right- that's what happens when cops are allowed to think they're god and can do whatever they want This is why you should cut them no slack. If they have a legitimate case they can make it stick without your permission- if they do not why are they pushing it? What good does it do for them to do that? All that it does is make them want to do more of it and oppress the good people who've done no wrong!

And I'm not even going to start on my going to jail over something I didn't do because of a cop who wouldn't even look at physical evidence which exonerated me because he liked the concocted story the real bad guy cooked up with his friend. Of course the evidence was cleaned up once me and the cop were gone The only reason most cops catch crooks is that crooks are about the only ones more stupid than most cops.

Cops are a necessary evil and by the gist of human nature will become as evil as they are allowed to become. If they have a valid case they will win- if not then they need to be restrained from disturbing ordinary citizens who have done no wrong so that this nation does not turn into a police state. Their job isn't easy, but that is the fault of judges and prosecutors who turn the crooks out onto the streets as fast as the cops take them in- it's not the fault of the average citizen so why are we the target of their anger? Your logic may make you feel good but it fails miserably in the real world. If a cop takes your refusal to give up your rights offensively, he has a problem and needs to go to work somewhere else.

Unfortunately it's not convenient to stand up for your rights, and doing that will bring you hassles from the cops who are supposed to be protecting those rights for you, so you must accept that standing up for those rights is more important than giving them away out of convenience and follow through. Don't do that and your rights will disappear.

End of my Constitutionally protected rant

Bettypooh

[raceguitar]

As a truck driver who regularly has to deal with officers, (Border ,Patrol cops, DOT officers) When I am subjected to any kind of personal search I usually just say fine ,but I would appreciate discretion. They are under rules of conduct and need to uphold them . Maybe im lucky but i have never been embarresed by their actions Any officer has always been respectful, as a matter of fact I have never even been questioned as to why I am wearing diapers (even though i have a 14inch scar across my stomach if they did ask). As far as rights go I have seen a lot of crap on the road and as long as the officer is polite I dont care what they do (I have nothing to hide) some of these officers go through hell in the course of their days. To tell you the truth sometimes they seem relieved when I just step back and say do what you must.

[Yvhuce]

As long as you aren't hiding anything, there's really no reason not to consent to a search. Thus the whole "non-consent = guilty of something" mindset. In some places, they can arrest you for failure to consent to alcohol or drug testing. It's better to just let them do their thing and look foolish when they don't find anything... It also helps to just obey the traffic laws. I've been pulled over once since I started driving in '96, and that was because my folks took my truck and loaned me their car, which had an expired tag. I got a warning on that, since they actually had it renewed, but had forgotten to put the little sticker on there.

[Darkfinn]

On another side note, all traffic stops in Wyoming the officer must give you a business card and his badge number and a number to call with comments. I guess the people are fed-up with power-obsessed cops.

There are cops in Wyoming? That's amazing. We ran through the state on I-80 to get from Denver to SLC doing 85+ the whole time... I never saw a single sign of police presence.

[messyman]

As long as you aren't hiding anything, there's really no reason not to consent to a search.

With that mindset you might as well move to North Korea. It's illegal for them to search without a warrant or consent for a reason. To much blind compliance will lead to a legal loss of civil rights in the long run.

[toddmdl]

As long as you aren't hiding anything, there's really no reason not to consent to a search. Thus the whole "non-consent = guilty of something" mindset.

I guess it wouldn't bother you to live in a police state?

[Darkfinn]

All subjects are guilty until proven innocent... didn't y'all know that?

[jeremy12312]

As long as you aren't hiding anything, there's really no reason not to consent to a search.

Didn't you say in a previous post that you scope your rifle on people who come onto your property? Just because someone has a badge doesn't necessarily make them any less of an intruder.

I've never understood why so many of the "USA! USA!" people are the same ones who ignore their Constitutional rights. The Constitution is what this country is.

When it comes to my personal liberty and freedom, I have all the time in the world. If they want to see inside my car, I'll wait for them to get the warrant.

[Bodine Wilson]

I have both been arrested and remanded with a pack of adult diapers in my backpack, and have had my apartment raided and the police had gone through everything, including my large stash of diapers and related fetish wear.

The pack of diapers ended up in the official statement of what was being taken, and being told "and we found this, and this, and diapers, and this, and this" during questioning, but there was NEVER anyone actually asking about it or making fun of me.

[curiositykilledthecat]

Yes if they have to ask to come in or search the car then they do not have legal authority to do so, however in the case of the car, I just want to be on my merry way so don't really care. Hell if they can siphon through my roommate's trash pile in my car then all the power to them. As for my home, no dice without warrant. Cops get bored easily and have been prone to planting evidence. In the city I live in the force is extremely corrupt and I trust them about as much as I do the Amish with my electrical wiring.

[Santiago]

Yes if they have to ask to come in or search the car then they do not have legal authority to do so, however in the case of the car, I just want to be on my merry way so don't really care. Hell if they can siphon through my roommate's trash pile in my car then all the power to them. As for my home, no dice without warrant. Cops get bored easily and have been prone to planting evidence. In the city I live in the force is extremely corrupt and I trust them about as much as I do the Amish with my electrical wiring.

Uh so, you don't trust them, but it would be ok to search the car? No, cops have never thought to plant evidence there... you have a curious logic here. You should consider your car an extension of your home...