Safety for Children at a campground
I have been camping most of my life and never thought of anything other kids and fire safety and watching for cars. Well, I have been in a campground that does not allow seasonal stays. In fact they ...
Forum Discussion
et2 wrote:
If you're held by someone against your will its kidnapping and charges cab be levied against those individuals. Unless you agree to something in writing and waived your rights you can't be held against your will. Much less to they have any right to search you or your property if you haven't committed a crime, without walking into a law suit.
Not saying what was trying to be accomplished wasn't in good intentions, it doesn't supersede anyones rights by individuals wanting to play cop. Unless of course you willingly agree to it.
LEO's do not have the right nor do you have to obey a LEO demanding to search your vehicle. A search warrant must be obtained unless you are observed committing a crime or there is "reasonable" suspicion. Then it's up to the courts to sort out if the LEO crossed the line.
Sure, you can make people sign something stating you have the right to detain or hold them and search them, but I'd bet your business would be belly up in short order.
A few clairifications.
1. You CAN be held against your will upon a 'Citizens Arrest' My comment about many states requiring a felony in your presence was alluding to that situation. The risk? If you are wrong, you can be charged with holding someone against their will- usually a crime. I am not aware of signing anything allowing you to be held against your will.
2. You should NEVER refuse to follow a LEO's orders. There may be repercussions later, but that is what a judge and your lawyer is for. Object verbally and calmly, but comply with physical orders. As et2 stated, they may not have the 'Right' to search, but that is what judges and lawyers will sort out later.
Personally, I would be searching through my stuff anyways. Just in case the little bugger is hiding in a cubby hole or under a blanket or something. Doesn't mean I would let an 'official' do it, but doesn't mean I wouldn't, either. Likely, we'd stay and help search.
Edit: Better way to say this part: "LEO's do not have the right nor do you have to {obey} CONSENT TO a LEO demanding to search your vehicle." ...Bold is mine. You do have to obey, but you do NOT have to consent.
