Unlawful Search and Seizure - Love American Style

Ok, so as you know, I used to be military police. I am familiar with Federal laws which govern the military and their police officers. Most states use these federal laws, statutes and procedural guidelines to form their own.

Now for you to understand this fully, I have to divulge a bit of information about the situation.

My younger brother is a good kid. He has been mixed up with unsavory characters in the past and therefore has a bad reputation with the local police where he grew up.

These police, the other night decided to pull him over. They ticketed him for not having his registration and his insurance in the car. (Which, personally I would like to take the opportunity to tell you he just got this car and 1. did not have the registration switched yet, but did posess the title to the vehicle and 2. had just switched the insurance from his old car to this new car and had the insurance information for the old car, but had not received the insurance card yet) At which point the police officer should have filled out an insurance form to send to the courts and insurance company, to see if my brother had insurance at the time he was pulled over...

Thats all well and good, but those are secondary offenses in the state in which he resides. To cite someone for a secondary offense, they must first be cited for a primary offense. He was not.

In Johnson vs. State (1950) it says, "1. Searches and Seizures — Evidence — Search of Automobile on Mere Suspicion is Illegal and Evidence Obtained Thereby Inadmissible. A search of an automobile without a search warrant and not as an incident of a lawful arrest, and not on any probable cause of the commission of a felony, but on mere suspicion, violates the constitutional provision forbidding unreasonable searches or seizures, and evidence obtained by such a search is inadmissible."

My brother was not arrested. He was not charged with any primary offense. So therefore nobody knows why he was pulled over. There was no traffic violation cited.

Without notation of the primary offense, all secondary offenses, in this case would be inadmissable. What was the original reason for my brother to be pulled over? It is illegal and unconstitutional for a police officer to pull someone over because of suspicion. If the said person did not disobey a traffic law, there is no justification to pull them over. Without proper notation, we cannot see evidence that the said person did commit such an offense.

My speculation of this matter - these police officers are harassing my brother. They know of his reputation and are targetting him as a "bad person" and I don't understand why this has gone on for so long without these police officers being repremanded at the very least.

Also regarding the West Virginia Rules of Evidence, which are word for word, a mere copy of the Federal Rules of Evidence (FRE), it states in Rule 404 that character evidence is inadmissable.

"Rule 404. Character evidence not admissible to prove conduct; exceptions; other crimes. "

You may read this for yourself at : http://www.state.wv.us/wvsca/rules/RulesEvidence.htm

So I would like to ask you what your opinion is on the matter.

1.) Do you think I (and my family) are crazy for thinking my brother is being harassed by the Hurricane Police Department in Hurricane, WV?

2.) What steps would you take if you were in our shoes?

3.) Do you think it is unconstitutional for police officers to target someone based on reputation?

I would love to hear what your thoughts are, whereas when my brother goes to court for these secondary offenses, I would like him to take a copy of this blog to court and let it be presented to the judge for consideration.

In West Virginia, the police can get away with almost anything. The people there are simple. They want to live a good life with little interference and they do not busy themselves with studying law, instead they work and try to support their families the best they can, so that their children may be the ones to study law and better the state in which they live.

So I implore you, not just for my brother's sake, but the sake of all who seek justice and equality, question everything that seems wrong. The likelihood of it actually being wrong is higher than you think.

If the state of Oklahoma found it to be unconstitutional, it is. Courts in all states honor the decisions of courts in other states.

We can improve the world. Let's start now.


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