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?
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.
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.