Hello all, I’m just wondering if thru-hikers get their packs searched by authorities along the AT? I know that you are subject to search if you use public transportation, but I am talking about getting it searched by a cop in a town, or a forest ranger along the AT? All info is appreciated.
Duracell
Back in '01 when the whole Eric Rudolph thing was going on there were Rangers and FBI running the hills. Reasonable search and seizure would dictate you open up. Although they are in for a rather funky good time if they do. Whatcha got in your pack?? We never got searched but know a few that did at the Dam.
BW
Under normal circumstances it is highly unlikely that you will get your pack searched on the trail. The odds are about as good as getting your book bag searched walking across campus. However, it can happen. If the country has another terrorist attack or the threat level goes to red for some reason you can expect to get searched crossing dams and bridges. If something happens on the trail and the authorities are looking for something specific you could get searched. But what could you be possibly carrying that would get you in trouble:pimp
Big B
…but you might have to show your papers and give a big “sig High” for Dubya.
Seriously, there was a guy who impersonated an officer and illegally confiscated someone’s pot from them. That and the Rudolf thing are the only cases of Amendment 4 I have heard of broken on the AT.
tha wookie
It’s “sieg heil”. If you are going to call someone a Nazi at least don’t undermine your insult with ignorance.
Locomotive Breath
yeah, folks were searched in '01 at fontana dam. i don’t know whether the stories i heard were exaggerated or not, but i had to take a pretty big detour, just in case…to protect my 4th ammendment rights of course;) :pimp :smokin
the goat
If I am ever at that overlook where he tossed the bowl it would be fun to spend an hour poking around just to see if I could find it…you never know.
Prospector
BTW, see the link below
There is no 4th amendment issue here. The three stoners were openly using the stuff while cruising the BRP and even offered some to OT. There was no search involved.
He did screw up big time by pretending to be a cop. He should have simply stuck with his threat to call the ranger who, in the park, is the only actual cop. The stuff was never seized - the stoners voluntarily turned it over. OT was properly castigated and admitted his mistake.
And if you really want to be picky, since OT was not an actual cop, he could not have violated the 4th amendment, although he did violate laws by representing himself as a cop.
Of course I wonder how any of you would feel if those same stoners had run down a hiker? If you must get messed up why don’t you keep it in your momma’s basement not behind the wheel where you’re a danger to other people?
Locomotive Breath
“And if you really want to be picky, since OT was not an actual cop, he could not have violated the 4th amendment, although he did violate laws by representing himself as a cop.”
If you really want to be picky, confiscating someone’s pot by impersonating a police officer is robbery. A police officer’s demand carries the implied threat of physical detention (assault) and loss of liberty if disobeyed, which is considered to be “coersion” under law. Which constitutes an element of robbery if the turnover demand is unlawful.
1
Gettin back to the original topic, I guarantee your pack will be searched on the AT. Searched by mice, racoons, possums, bears and the ocasional forraging thru-hiker. Guard your slim-jims at all times!
CitySlicker
Let me be clear - I do not condone OT’s impersonating a cop. He broke laws by doing so. However, the three stoners were also breaking the law endangering themselves and those around them. I agree with the outcome even if I don’t agree with the methods. OT could have achieved the same result without breaking the law and I’m sorry he wasn’t fast enough on his feet to do so. In fact, the stoners came out better in their encounter with OT because if he was a real cop they would now have drug convictions on their record.
The point of my post is that OT’s behavior and the stoners behavior had nothing to do with 4th amendment issues and Wookie’s example doesn’t fit the question. Had OT been a real police officer there would have been no 4th amendment issue either as offering a hit to a total stranger is really dumb. Kinda’ as dumb as getting beind the wheel in an impaired condition no matter whether the substance involved is legal or not.
It’s kinda’ funny. When someone starts the annual “can I hike with a gun” thread, a dozen people will post “it’s illegal!”. When someone starts the annual “can I hike with my stash” thread, it’s nod-nod wink-wink.
Locomotive Breath
“It’s kinda’ funny. When someone starts the annual “can I hike with a gun” thread, a dozen people will post “it’s illegal!”. When someone starts the annual “can I hike with my stash” thread, it’s nod-nod wink-wink.”
nah-uh. it’s “wink, smoke, smoke”.
:pimp :smokin
the goat
Dear Duracell:
There have been stories for years and years about police searches occuring within the Fontana Dam shelter. The gist of the stories have always been that the local authorities were looking for marijuana. I do not recall at the moment whether anything like that happened when I was at that shelter; but I do remember being told, while there, by other hikers, that such a search had occurred within a short time previously.
The website “Busted”, listed above, appears to be an excellent starting point for the layman to begin investigation of his or her rights regarding search and seizure. It might be worth everyone’s while to purchase an hour of a criminal attorney’s time, or a constitutional lawyer’s time, in order to learn more about search and siezure, and obout one’s constitutional rights generally.
It is unfortunate that some people smoke marijuana and then drive.
It is unfortunate that hikers might be profiled as drug users and searched for that reason.
The only illegal substance I ever saw on the trail was marijuana, years ago. I’ve seen alcohol and guns as well (now there’s a bad combination); but don’t know if they were illegal at the locations I encountered them (both were encountered on the trail). A hiker had the gun. Weekend partiers had the alcohol.
It is unfortunate that we are so ignorant of our constitutional rights and so easily yield them.
Sincerely–Conan.
Conan
Q: “Aren’t you just assuming that the driver was smoking?”
A: “One dude rolled down his window, billows of smoke poured out along with the smell of high quality marijuana.”
Sounds like he could hardly avoid it.
Locomotive Breath
Did “Officer Taco” get the **** kicked out of him when the other hikers found out he wasn’t a real cop? What a hue pud he must be. Typical cop mentality…can’t stand the thought of anyone having a good time. Did “OT” get any payback?
Horn Head
d are slim. If you dont give anyone a reason to search you then they dont have probable cause to search you. You could be denied access to some areas for not concenting to a search though
Pack Searcher
cops deal with dangerous people all the time. as a result, they develop a bit of a hard shell and attitude that keeps them safe. can’t bblame them for becoming jaded. they protect us every day from some bad folks. they stare into the abyss and the abyss stare back at them, so cut them some psychic slack. my dad was a cop, now he’s a hiker. good cops know the law and won’t harass you. unless you’re in the wrong.
cop R us
They do come up there (Hilton) with Dogs sometimes…seriously.
Which is a bastard move, but hey…what are you going to do?
Lion King