And it's violated you twit, not infringed.
The dunce failed my sobriety test with just that sentence. WTF?Quote:
I followed my eyes with the officer's pen.
I wonder how in hell old his car is. I had a 1950 Ford way back in high school. It had a license plate light. Those laws have been around since at least the 1950's.
He likely failed a couple of the tests, balance and following the pen with his eyes, or following his eyes with the officer's pen as he put it.
Tough luck. The breathalyzer test checks for alcohol; it doesn't register for dope. I suggest he was probably stopped because of his driving as much as the license plate light (which I'm betting his car has, unless it's 1940's or earlier era). The other tests are to show impairment from dope. He flunked, which opens the door for the cop to arrest him or, if not arrest to at least check the car. Sounds to me like he was picked up.
If he was arrested, then what the cop did was to check the car to list the contents, for his and the officer's protection. It assures that if something listed is missing, it can be shown to have been there at the time of the inventory. OR, if he claims something is missing that wasn't on the inventory, it protects the officer and wrecker driver. And, too bad if something that shouldn't be there is found, like dope. He can be charged with it since the officer wasn't conducting a search, but an inventory of property in conjunction with an arrest.
He got pulled over for the plate light. Doper probably smelled like he had been smoking weed. Failed the HGN test and some of the other FST. Once that happens the cop can search the vehicle and the doper incident to a lawful arrest.
BTW, only the perp and the officer know if permission was given to search his car. So, your assertion that his 4th amendment rights were violated is bogus.
With-out one, a weapon must be secured in the trunk, in a weapons case, unloaded. And depending on the state, some require the weapon to be partial broke down, and any ammo to be secured in the glove box away from the weapon to transport it in a car without the permit.
With the permit, it still carries certain restrictions that must be meet.
A Shall-Issue jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria. Typical permit requirements include residency, minimum age, submitting fingerprints, passing a computerized instant background check, attending a certified handgun/firearm safety class, and paying a required fee.
A May-Issue jurisdiction is one that requires a permit to carry a concealed handgun, and where the granting of such permits is partially at the discretion of local authorities. While an applicant must qualify for a permit by meeting criteria defined in state law, local jurisdictions in May-Issue states often have locally-defined requirements that an applicant must meet before a permit will be granted, such as providing adequate justification to the approval authority for needing a concealed carry permit (self-defense in and of itself may not be sufficient justification in some areas where justification is required)
A No-Issue jurisdiction is one that does not allow any private citizen to carry a concealed handgun. The term refers to the fact that no concealed carry permits will be issued (or recognized). Illinois, Wisconsin, and the District of Columbia are No-Issue jurisdictions.
See, what everyone, especially novabrain, is forgetting is that we're only getting this idiot's side of the story. For starters, they are admitting to smoking week. The smell, as we all know, sticks to you like glue. Then, failing the field sobriety test is the probably cause and the search was not unreasonable. Also, we don't know the real story.
And here we go with the name calling again. So here's your obligatory, "You twat." Let's see how long it takes for some dumbass to completely ignore that you started it.