Missoula Police have no clue when it comes to civil rights
My wife got a speeding ticket about an hour ago. She was speeding. She knew she was speeding. She was late for a class.
So she tells the cop all of this, and he gives her a ticket. Big deal, right?
Your average Missoula Police Department officer.
Well, Capt. Draconian Cockboy also said something to her that I am going to complain about. Big time.
After looking over her ID he pointed out to her that he could give her a ticket for “working without a Montana license.” He made the point that he was “going easy” on her by not giving her this second ticket. The dick. Had he been aware of this facet of life a like to call “law,” he would know that students are not allowed to seek residency in Montana while attending school full time. In other words, my wife — full time student — cannot become a resident of Montana until such a time that she is no longer and student.
I of course am assuming that Capt. Draconian Cockboy did know the law because he is a cop and I assume (wrongly?) that police officers are required to have at least a rudimentary understanding of law (how else would they write tickets for jay walking?). So, assuming that Capt. DC knows this is the law, he was just fucking with my wife to start off his morning with a quick quota-filler and a side of douchery.
But more than this, is it right to have such an asinine law enforceable in the first place? How are out-of-state students to live in Missoula without gainful employment? These students pay more for the same education that is squandered by so many in-state students. In paying more they need employment should they want to eat food. So they work. They contribute tax dollars and real money to our state and economy. And they’re criminals?
Well, yes, according to Capt. Draconian Cockboy, they are.
Okay. Fine. So Capt. DC could have given her a ticket for working without being a state resident. I guess. Sure. Unless…. wait… wait.. I know this one… just give me a minute…
Oh yeah. A cop cannot just start writing you tickets for random things when he pulls you over. He can only begin to charge you with readily apparent crimes.
Read it. Learn it. Love it. And if you get a minute and $20, join the ACLU to defend your rights from the ignorant and wrong.
This cop pulled my wife over for speeding and the began questioning her about her employment, which he had no reason to do. Ever heard of the Fifth Amendment?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
It’s a biggie. People are not held to answer questions by those representing the law, unless those representing the law have evidence.
Let’s step back. Every heard of the Fourth Amendment?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
You can’t give me a ticket for something that you had no way of proving given the original offense unless there is cause. Example: Had Alisia been holding a bag of pot in her lap (which she would never do as she does not smoke, eat, or otherwise take part in the use of marijuana), she can be charged with that. But, if the bag were in the trunk, the cop cannot search for the bag just because he wants to.
He also cannot threatened her with a ticket concerning her residency when he pulls her over for speeding. The cock.
Something needs to be done about this backward and harmful law. And soon. Hear that legislature? Get to work or get ready to kiss those sweet out-of-state student dollars goodbye.
Hey
Thanks for coming to my defense. In retrospect, I wish I would have asked him why he was asking me but I just wanted it to be over so I could go to class….
next time just ask “Is it because I’m black?” it will either get you out of the ticket or into more trouble. 50/50.
I’d of asked to see his supervisor.
I realize this is probably the wrong place to post this, but the next time a friend or family member tries to “convert” you, ask “why argue over a difference of opinion?”
Cause that’s all religion is.
–Scratch, methodist, but not stuck on it, man.
Pat, i know you have pot in the trunk. Admit it you Hippie! And i’m really sorry about the out of state status of your lady, marring a foreigner is not easy decision to make, hehehe. I think i would of ticketed her also, i think it a 500 fine to marry a dirt worshiping godless heathen. Yeah, hippie, see you at work, har de har har
PS, i like your article, well written.
http://mt.gov/howdoi/worklive.mcpx
This explains the confusion. According to Montana Annotated Codes, anyone in the state for 60 or more consecutive days must get a Montana State drivers License if they wish to drive.
This in no way effects the out of state status at the U.
(from the url)
How do I establish residency in Montana?
Montana has several different residency requirements.
For the purposes of obtaining a Driver’s License, you are considered a resident after 60 consecutive days and must have a Montana license in order to operate a motor vehicle. For a commercial motor vehicle license, the requirement is 30 days. For more information on driver licensing, see Montana Codes Annotated 61-5-103 and the Department of Justice Motor Vehicle Division Driver Licensing page.
For purposes of fishing and hunting licenses, you are considered a resident after 180 consecutive days. After residency has been established, you must live in Montana at least 120 days a year; your principal home must be located in Montana; you must file state income tax returns as a resident (if required to file); vehicles operated in Montana must be licensed and titled as required by law; you can be registered to vote only in Montana; and, you can not claim residency in any other state or country for any purpose. There are different requirements for members of the armed forces. For more information, see Montana Codes Annotated 87-2-102 and the Department of Fish, Wildlife & Parks.
For the purposes of higher education, a student must be domiciled in Montana for one year immediately preceding registration. Attendance as a full-time student is not sufficient to qualify for residence. For more information, see Montana Codes Annotated 20-25-201.
So, you can come here as an out of state student and not get a Montana State License if you don’t want to drive. If you want to drive, you have to get a Montana State license after 2 months in state.
Getting or not getting a license has no effect on your out of state status with the U
Your girlfriend can register and vote here if she wants to. This will not affect her out of state status at the U, either.
So, while it may seem stupid to have a residency standard for drivers licensing , one for fishing/hunting licensing and a third for in state out of state tuition, that’s not the cop’s fault. He doesn’t police U of M tuition. He does police the laws that require people in the state for over 60 days to get a Montana Drivers license if they want to drive. Getting a Montana State drivers license and registering to vote in Montana isn’t against the rules at the U of M. It just won’t get you in state tuition if you came as a student in the first place and kept attending.
And I have to disagree with you about the 4th amendment in this case. When he saw the out of state license your girl friend had, and then asked her if she had been here for over 2 months, she could have refused to answer I suppose. And then he wouldn’t have known that she was out of compliance. but asking for voluntarily given information isn’t out of bounds. As per your example, if he said, “Mind if I look in your trunk, and she said, “Go ahead,” then it’s on her, not him.
Anyway, I do appreciate your aversion to just accepting whatever someone in authority dishes up. I always say, “question authority,” and that means finding out if they screwed up or not. Sometimes they do, and sometimes they don’t.