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  1. #19
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    Quote Originally Posted by foxtrot View Post
    I doubt it. 42 US 1983 would be the only avenue of standing and I doubt they are crazy enough to say "Screw you, I don't care if you don't consent I'm searching anyway". Them bullying "consent" or selectively pulling over CO drivers because they are CO drivers isn't much of a litigation risk (because generally speaking, their isn't standing under 42 US 1983 and the 11th amendment provides them all other protection).

    Basically, they are likely filing the lawsuit because they disagree in principle, and because it does theoretically roll over lines. That's what it boils down to. Which again, I don't have a problem with in principle. If the suit fails, the suit fails. But the right to sue in these circumstances is very important.

    Everyone's objection here seems to be rooted in "they don't like weed, we do, HISS". It's not like the respective states are realistically looking to make money off of this. Ultimately, authority will be created from this, likely in your favor. So everyone "quitcherbitchin" . Bear in mind most successful firearm cases that expanded our rights come from either denials of rights or criminal prosecutions.
    My objection to this whole thing has nothing to do with liking or disliking weed. I've never tried it in my life, and most likely never will. It has everything to do with how CO residents have been treated on the roadways of neighboring states, and the fact that some d-bags have decided to blow more of the taxpayers $$ fighting back and forth in the courts. The tax payers are going to lose on this, nobody else.

    and for instance

    http://www.denverpost.com/news/ci_25...-license-plate
    (also stating 4th, 5th, and 14th amendment violations)
    Youtube video of portion of the stop in question
    https://www.youtube.com/watch?v=YfP0piDFVCw

    https://www.youtube.com/watch?v=allGdr38L7c

    http://www.thedenverchannel.com/news...n-other-states

    In that last link, you'll notice the stats from Deuel county in NE were as follows

    The State Patrol pulls over more Colorado drivers in Duel County, Nebraska than drivers from any other state, including Nebraska. In-state drivers were cited 490 times, while 577 citations were issued to Colorado drivers by Nebraska State Patrol in Deuel County.

    Nebraska State Patrol Citations & Warnings/Violations Issued in Deuel County:

    • 2,400 citations total, 7,481 warnings/violations total
    • Colorado drivers: 577 citations, 1858 warnings/violations
    • Nebraska drivers: 490 citations, 1742 warnings/violations

    Simply put, I know what I'll do if pulled over in my personal vehicle, I'm not going to be a dick, but I'm not going to consent to a search either, and if they do it anyway, or if they get a warrant to do it because of my plate, I WILL sue them, simply out of principle. And I travel out of state a LOT, like nearly every week for work, and probably 20-30 times a year in my personal vehicle.

    IMHO if you're breaking the law you have it coming to get busted, I'm not going to cry for those that get caught with pot outside of CO, because it's illegal there, don't take it there dumbass and you won't have that problem, however it really pisses me off when you have cops harassing people and running them through the ringer because they have CO plates like the ID cop in that first clip that has resulted in a lawsuit already. There will be more of them, it's only a matter of time.

    They are skating on a lot of it because they can document some stupid minor infraction to pull them over, but when they are doing it to CO licensed vehicles at a higher rate than any other, including their home state, that adds up to profiling, plain and simple, and when they make the mistake of doing it to someone who's got their shit wired, their going to have a backlash.
    Last edited by XC700116; 12-25-2014 at 15:48.

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