Brickbat: Careful Now


bill85704 / photo on flickr

When U.S. Border Patrol agent Brandon Carrier spotted a white SUV on a New York road he says he became suspicious because the driver had both hands on the wheel. As he followed the vehicle, he noted that the driver always drove under the speed limit, did not pass slower cars and, when the road widened to four lanes, moved into the right-hand lane allowing faster vehicles to pass by. That led him to pull it over and call for a drug dog. Agents found a tire full of marijuana. But a judge threw out charges against the vehicle's two occupants. Judge Kathleen Martin Rogers ruled that careful driving does not create a reasonable suspicion that someone is committing a crime.

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  1. I still want to know why border patrol agents have jurisdiction away from the border.

    1. He could have had an SUV full of undocumented Canucks.

    2. I think that was Reagan. They started to turn into real cocksuckers in the eighties when they were given a mandate to go after drugs. Having grown up in NM and gone through that checkpoint near T or C a billion times I remember the transformation.

      1. OT- I lived in Truth or Consequences for a few years. Best White Bass and Whipper fishing I ever ran across was just a few miles downstream, in the BLM land that you reached going through Hatch, right above Cabello Reservoir.

        But yeah, I remember thinking, “why am I going through a Border Patrol Checkpoint 2 hours north of the border?”

        Also “Why are there cops dressed like combat troops who’s job apparently involves water?”

  2. Stupid driver, should have taken Sammy Hagar’s advice…

    …and put the pot in a 1 2 3 Lockbox instead of in a tire.

    1. Nice! Two Sammy songs in one post.

  3. “So your cause for pulling the car over was that the driver didn’t do anything you could pull her over for.”

    “And she looked nervous, your honor.”

    “Get the fuck out of my courtroom.”

    1. “Better stop looking nervous, officer. I might have to charge you with contempt.”

    2. That’s why you don’t have a courtroom.

  4. A word about Brickbats. It used to be posted at 6AM every day, and even the days it wasn’t posted at 6AM it was time stamped 6AM. This haphazard Brickbat posting is not giving reason commenters the structure they need. This is why they act out.

    1. Are you saying the commenters here need a reason to act out? I thought all the shit-slinging was just for fun.

    2. I thought we acted out because of the shitty alt-text.

      1. I actually accept shitty alt-text. It’s nonexistant alt-text that gets to me.

  5. Nice story, but more times than not courts lets this mendacious shit slide.

    I knew a geologist working in a mine in Zimbabwe who tried to smuggle his pay out ( cash ) in the tire of his car on a drive to Pretoria. It was illegal to take money out of the country then, but there was absolutely nothing in-country to spend it on, unless you count really bad hooch and horrible hookers. He got through the checkpoints just fine, but on arriving and taking the tire off discovered that the cash had all been ground to dust.

    I am wondering how the pot fared on this drive.

    1. Wow. That totally sucks. I assume paper currency?

      I wonder if taping it in place inside the tire would have helped. Or preferably to the wheel inside the tire, to reduce the imbalance.

    2. I think you are supposed to put your contraband in the spare tire to avoid that sort of thing. Putting anything in a road wheel would be like putting it in a tumble dryer from hell.

    3. *spare* tire, the pot was in the spare tire.

  6. I never really thought about it like that before. Wow.

  7. he became suspicious because the driver had both hands on the wheel.

    Clearly about to reach for a weapon!

  8. Do they think that people who aren’t carrying drugs like getting pulled over, or something? Seems to me that having a cop behind you would be reason enough for anyone to be careful not to speed. No one wants to get stopped.

    It would be funny if they had to give people back their drugs after things like this.

    1. Not funny, but consistent. I commented below before reading the thread. Can somebody give an explanation as to why the same reason that says they couldn’t search you doesn’t also say they have to restore the status quo ante?

  9. So the old advice of “Never commit more than one crime at the same time” failed due to a suspicious cop. I guess the advice “Act normal” trumps.

  10. So, the idiom that “if you’re not doing anything wrong, the cops won’t bother you” is crap?

  11. Did he get the marijuans back? I know the answer already, but I’ve never seen a legal explanation for why, if they invalidate the entire case against you, you don’t get back whatever was seized in the investigation. The closest I’ve read to an explanation is that if they gave it back, they could immediately seize it again and charge you with illegal possession because they could see immediately that you had it without authoriz’n. But why wouldn’t their giving it back to you constitute authoriz’n? Shouldn’t they set everything back to the way it was before the search?

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