Don't Drink And Dragon (Paranoid's Version)

Actually, that should be obvious.  I was just looking for a catchy title for this post.  For that matter, you can't drink and Dragon: you'll be in the trees or down the bank by the 3rd bend.

What I was thinking about was the Sobriety Check on the Dragon over the July 4 weekend.  AS IF the authorities would run a "sobriety" roadblock on a Saturday morning.  Disclaimer: I'm not a lawyer, and don't play one on my blog.  I may not have this precisely right:

I believe we have the Supremes to thank for these.  A lawsuit went "all the way up" several years ago.  The plaintiff argued "You can't stop everyone.  You have to have probable cause, or reasonable suspicion, or something."  The Supremes mulled it over and came back with "as long as the authorities have a public safety goal and are not being arbitrary--by just fishing for any potential violations--roadblocks are OK."  But if they think they have discovered a violation, the investigation may proceed.

In other words, l.e.o.'s can't go fishing.  But if they're just standing there on the dam, and there's a bite on their line...  It reminds me of "Clevinger's Trial" in Catch-22.  So the l.e.o.'s are gonna pick a holiday weekend and call it a Sobriety Check.  They're not gonna say "Well, a general roadblock just to remind everyone that we're around, and see what we can find...it just seemed like a good idea at the time."  What did they get when they trolled the Dragon?  One license without a motorcycle endorsement and maybe an improperly displayed plate, if the chatter on Killboy.com is to be believed.

And since the roadblock ruling, the Supremes have ruled that if something is "observable" to an officer, he/she need not ask your permission to search your vehicle.  Stuff in your car is evidence if it can be seen.  If Officer Friendly wants to put his head close to yours to get a better look, that's OK as long as he doesn't break the plane of your interior space with it, or his hand.  For instance, if you have to go into your glovebox for your registration and insurance.  If he asks you to step out of the car, consider a full search of your person to be legal if it's necessary in his judgement.  And shame on you if the officer casually asks "Can I look in the trunk?" and you answer "Sure." You have just agreed to a search of your vehicle as far as he wants to take it.

Actually, in the real world, lately, I have found l.e.o.'s to be courteous, professional, and with a lenient sense of humor.  Mostly.  I was busted for speed by a highway patrol officer a couple of years ago.  I have a good radar detector (Valentine 1), but he got me from the top of an on-ramp with instant-on laser.  It had snowed recently, and the berms were not fully cleared.  So I took care to find a well-plowed spot and to pull well off the Interstate, so he would not have to walk or stand in the road for the bust.  After he checked my papers, he returned and said "Thanks for the thoughtful pull-off.  Slow it down.  By the way, (smiling, pointing to my radar-detector) does that thing work?"