Feds: Look At Us, And We Have Probable Cause

This recent tale of Federal abuse of power from the North County Times is one worth looking at, specifically because the case within seems to demonstrate just the kind of attitude that police in California are taking when it comes to randomly pulling over people they “suspect of crimes”. Of course, this is hugely unconstitutional, but in the tightly knit Federal courts system, not exactly something that makes the front page. So big kudos to the North County Times for reporting it as it was.

The Story

The story, in brief, involves a San Marcos gentleman named Ron Chang, who also happens to be the former owner of a medical marijuana dispensary in San Marcos. Well, turns out Mr. Chang was driving down Pala Road when he was spotted by a Customs And Border Patrol officer in a marked car. Then, the story goes on…

“About 9:40 a.m. that day, a veteran Border Patrol agent in a marked car spotted a man in a red sweatshirt, with the hood pulled up, driving a rented box-truck with Indiana license plates. The agent saw the truck driver shift to look into his rear-view mirror at the marked Border Patrol car. That, according to court documents, prompted the agent to follow the truck as it headed north on Pala Road into Temecula.”

So apparently, the Federal Officer saw Mr. Chang look at him. Which, in a rented “box style truck” where a view of the driver would be impeded by “the box”, seems a little superhuman, if not impossible. This fact aside, court documents are saying that the agent “being looked at” was reason enough for the traffic stop. Hmm…

Maybe I’m a little rusty on my constitutional law, but I don’t know of any cases where “looking at someone” is probable cause.

The result of the story is that the man had 50% of the $30,000 the Feds seized from him returned. Er… and this is justice?

Next time you’re around police, then, try not to look at them. It could get you arrested!