When You're in Public, the Government Owns You
cn | 05 March, 2006 18:22In Orange County, CA last week a bus rider was cited for doing something completely legal - wearing headphones while on the bus (from Metroblogging OC):
Apparently Posh was cited for wearing both sets of headphones in her ears along with a fellow passenger by an Undercover and a uniformed deputy. I didn't even know that was illegal? I know that a person cannot wear headphones/earplugs (California Code Section 27400) in both ears while operating a motor vehicle and I know that a person can be searched on public transit (United States v. Drayton). As for a search, Florida v. Bostick states that a reasonable person should feel like they can decline a search by a peace officer on a bus if they are asked under their fourth amendment rights.
The laws in CA regarding wearing headphones while driving have absloutely no applicability when not actually operating a motor vehicle. And that's not all:
As for the part where the Deputy quizzed her on why she is in the country when she showed her Canadian ID that may soon become another issue in itself as the OCSD may start working with Immigration and Customs Enforcement to enforce federal laws at the local level (don't even get me started on how bad of an idea that is).
So it seems that now in America, if you wear a uniform you have the right to harass, question, ticket, and detain whomever you please for what ever reason you want...In America today, it seems, your rights are determined by who has the bigger gun...
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Ethics, Politics .
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