Page 1 of 3
No drugs necessary: Driver arrested for having empty compart
Posted: Tue Dec 31, 2013 11:29 am
by The Annoyed Man
I put this item in this forum because the "illegal compartments" could be used to secure a firearm in a vehicle too. They don't HAVE to be for nefarious purposes......but in Ohio, this is now against the law and an arrestable offense.
No drugs necessary: Driver arrested for having empty compartment
http://dailycaller.com/2013/12/30/drive ... z2p4Qiggud
Civil libertarians are criticizing Ohio police for arresting a driver because his car contained a compartment that could theoretically store illegal drugs, though no drugs were found at that time.
{——SNIP——}
It makes no difference whether police find drugs or not, according to a new Ohio law that prohibits secret compartments.
{——SNIP——}
“Although Norman Gurley had no drugs on his person, nor in his car, nor could it be proven that he intended to conceal drugs, he was still arrested for the ‘crime’ of having a hidden compartment in the trunk of his car,” he wrote. “This is what a world without the Fourth Amendment looks like.”
He's right. That's what it looks like. If this can be unlawful, what's to prevent the next step: making it illegal to have a hiding place in your home?
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 11:47 am
by WildBill
The Annoyed Man wrote:If this can be unlawful, what's to prevent the next step: making it illegal to have a hiding place in your home?
Perhaps registering and taxing hiding places would be a better idea.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 11:53 am
by Cedar Park Dad
Remember boys and girls, if you don't want these types of laws, don't vote for these type of people.
He must have had knowledge though that the smuggling hold (thinking Han Solo here) was for illegal drugs, as that is a key component of the charge. That must be difficult to prove, actually.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 12:39 pm
by VMI77
http://www.fbi.gov/stats-services/publi ... ment-cases
There are two different aspects to these hidden compartment laws. One is charging you with a crime, the other is seizure of your property. The Feds can seize any vehicle with a hidden compartment, but you'll just lose your property in the seizure because there is no Federal law against hidden compartments. Seizure without due process is just theft, plain and simple, and it's been going on for years. According to the FBI:
Investigators also may seize a vehicle containing a hide.
Unfortunately, the legal tools available in charging cases involving hidden compartments are fairly limited. There is no federal statute specifically addressing the design, manufacture, or use of a trap, or, in the slang, clavo. Instead, charges at the federal level must be addressed through a statute dealing with drug paraphernalia.
Second, the drug paraphernalia definition contains only one reference to a category that could be construed as covering a hidden trap: "Any equipment...which is primarily intended or designed for use in...concealing...a controlled substance, the possession of which is unlawful."
IOW,
any hidden compartment.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 12:42 pm
by cb1000rider
Welcome to modern "America". Laws designed to stop bad guys get used on good guys... Federal, State, and Local.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:07 pm
by Jumping Frog
The Ohio law requires "visible drug residue", so this case sounds like it will get tossed. Either way, it is a bad law.
The Ohio State Highway Patrol pushed the law through with a (R) Governor and (R) Legislature eagerly lining up to prove they are "tough on drugs".
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:08 pm
by WildBill
I was reading the instruction manual for my car, and it doesn't show any hidden compartments for drugs.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:12 pm
by Superman
So now where am I supposed to put my spare tire if I can't keep it in the "hidden" compartment in my trunk?
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:17 pm
by WildBill
Superman wrote:So now where am I supposed to put my spare tire if I can't keep it in the "hidden" compartment in my trunk?
Just to be legal, you keep the drugs inside the spare tire.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:20 pm
by WildBill
Jumping Frog wrote:The Ohio law requires "visible drug residue", so this case sounds like it will get tossed. Either way, it is a bad law.
The Ohio State Highway Patrol pushed the law through with a (R) Governor and (R) Legislature eagerly lining up to prove they are "tough on drugs".
Typical. Politics as usual.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:35 pm
by 03Lightningrocks
Another fine example of big brother utilizing "The War on Drugs" as a way of violating rights of all Americans. I agree with the post above that suggested the next step would be to make it illegal to have a hidden compartment in ones home. Sad state of affairs indeed.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 1:47 pm
by cb1000rider
WildBill wrote:
Typical. Politics as usual.
I blame brainless enforcement more than politics. The people that enforce our laws should use their brains.
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 3:02 pm
by SewTexas
cb1000rider wrote:WildBill wrote:
Typical. Politics as usual.
I blame brainless enforcement more than politics. The people that enforce our laws should use their brains.
but that would mean thinking and that's gone the way of zero tolerance
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 8:43 pm
by sjfcontrol
WildBill wrote:The Annoyed Man wrote:If this can be unlawful, what's to prevent the next step: making it illegal to have a hiding place in your home?
Perhaps registering and taxing hiding places would be a better idea.
Registration of hiding places is the first step to confiscation.
(Actually a "registered" hiding place is totally useless -- as it is no longer hidden.)
Re: No drugs necessary: Driver arrested for having empty com
Posted: Tue Dec 31, 2013 8:55 pm
by karder
A lot of the newer trucks have under seat locking storage and locking cargo management compartments. Dodge's rambox comes to mind. It seems to me that if a law enforcement officer really wanted to jerk you around, they could call a lot of things a "hidden compartment". Even though you will beat them in court, it could be an expensive, time consuming, stressful experience. Laws like these are bad all the way around and we have way too many laws in this country.