News (Media Awareness Project) - US GA: PUB LTE: Rights Of A Citizen |
Title: | US GA: PUB LTE: Rights Of A Citizen |
Published On: | 2003-12-02 |
Source: | Macon Telegraph (GA) |
Fetched On: | 2008-01-19 04:40:41 |
RIGHTS OF A CITIZEN
The 11th U.S. Circuit Court of Appeals did a mighty fine job of defending
our Constitution recently when it ruled a South Georgia deputy made an
illegal search during a traffic stop yielding 10,000 pills of Ecstasy and
two packages of marijuana.
The arrest occurred when an over-zealous law officer pulled over Jody James
Boyce, driving a rented car well under the speed limit, on the pretense of
weaving in traffic. Boyce refused the officer's request to search his car,
and a drug-sniffing dog was called in which detected hidden drugs in the trunk.
The court rightfully ruled there was not sufficient evidence for the
officer to hold Boyce until he could get a drug-sniffing dog to the scene.
The right of a citizen to travel upon our highways unmolested is superior
to the right of a peace officer indiscriminately searching vehicles for
contraband.
Boyce had conditionally plea-bargained earlier this year because he
rightfully believed his detention and search was illegal. He may now
request a trial and the prosecution cannot use the confiscated drugs
against him. Drug traffic and usage is tormenting America, but it pales in
the face of a police state gone awry.
There is no such thing as a consensual search of a vehicle by an armed
peace officer in the middle of the night on an interstate highway. The
court must continue moving toward protecting our freedom, by prohibiting
such searches in the absence of an arrest.
There are much better ways to bust drug dealers.
John G. Kelley Jr.
Macon
The 11th U.S. Circuit Court of Appeals did a mighty fine job of defending
our Constitution recently when it ruled a South Georgia deputy made an
illegal search during a traffic stop yielding 10,000 pills of Ecstasy and
two packages of marijuana.
The arrest occurred when an over-zealous law officer pulled over Jody James
Boyce, driving a rented car well under the speed limit, on the pretense of
weaving in traffic. Boyce refused the officer's request to search his car,
and a drug-sniffing dog was called in which detected hidden drugs in the trunk.
The court rightfully ruled there was not sufficient evidence for the
officer to hold Boyce until he could get a drug-sniffing dog to the scene.
The right of a citizen to travel upon our highways unmolested is superior
to the right of a peace officer indiscriminately searching vehicles for
contraband.
Boyce had conditionally plea-bargained earlier this year because he
rightfully believed his detention and search was illegal. He may now
request a trial and the prosecution cannot use the confiscated drugs
against him. Drug traffic and usage is tormenting America, but it pales in
the face of a police state gone awry.
There is no such thing as a consensual search of a vehicle by an armed
peace officer in the middle of the night on an interstate highway. The
court must continue moving toward protecting our freedom, by prohibiting
such searches in the absence of an arrest.
There are much better ways to bust drug dealers.
John G. Kelley Jr.
Macon
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