Hidden Compartment = Felony

http://www.wkyc.com/story/news/local/2013/11/20/trap-car-law/3655713/

Who knew?

If you have a "hidden compartment" you can be charged with a felony crime. The guy arrested in this story didn't actually have any illegal drugs.


Text of the actual law. Intent is to prevent drug traffic.

http://www.legislature.state.oh.us/bills.cfm?ID=129_SB_305

 

clarification is that it's only a felony if it is used to store illegal drugs or illegal weapons...It says nothing about children...

 

That is going to go down in the courts.

 

Children are cool per the law.

However, "intent" to carry a controlled substance is a felony...so even if the compartment is empty and it's your intent, it's a felony. Not sure how intent is actually proven. No possession is required according to the video, written report or even the actual law.

 

As much as I stand up for less government, their is a clear difference between you and I Popping a door panel or setting a up a hidden area under the console to hide a legally owned gun or valuables....And the Perp setting up a 20k dollar hydraulic trap compartment to clearly hide narcotics. If you've ever seen a real trap car...(tune radio to 98.5, turn on heat 3/4 with defroster on, turn on windshield wiper and pull on E-brake) and rear seat lifts off the mounts to hide some serious shit. This is clearly an anti scumbag law.

 

Then by logical reasoning and leagleese...there must also be a conspiracy charge...Conspiracy to conceal in the compartment would lead to intent would lead to actually doing it...So if you are loading groceries in your car and someone asks for help putting a bale of something in their hidden compartment next to you...you are now a co-conspirator...This should be a great sting operation...

 

It is, but as with gun bans and every other "zero tolerance" law, it does not provide LEGAL exceptions to provide an escape for the law abiding citizen.
The law relies on "officer discretion" to ignore such offenses when "intent" is the difference between legal and illegal... and we all know how that goes when there is a political or personal reason to get someone out of the way.

"Intent" being used as the basis for an arrest and prosecution is Napoleonic Law and a violation of the 4th and 5th Amendments.
It shifts the burden of proof onto the arrested to show that he did not intend to use the item illegally.

 

I agree 100%...I'm just having fun

 

correct, but Da's will always charge the highest possible crime to allow the possibility of pleading down to a lesser conspiracy charge to ensure guilty verdict

 

Laws based around officer discretion almost never work - reason - most modern or urban police departments are stat oriented. The arrest means nothing more to the officer then a stat to keep the supervisor happy. At the end of the month or year the pile of useless stats keeps the community and local politicians happy.
I have seen the elaborate hidden compartments used to traffic illegal things, the average patrol officer on a normal citizen contact will not find it.
They are crazy elaborate" turn ac on max, turn on left turn signal,turn windshield wipers on medium, then open sunroof and the dash will open a hidden compartment hiding drugs/guns" . That may be what the law is aimed at but in the end if a patrol officers gets a stat for joe citizen hiding something under his dash nobody will care.

 

I'm mixed on this one. The law was clearly written in an effort to combat the smuggling of drugs.

So what happens if you're coming home from a concert. You get pulled over and the officer decides you smell like pot. You consent to a search of your vehicle (because you have nothing to hide) and all of a sudden, find yourself arrested for a felony because they found a "hidden compartment"-your sub box. Other than that, they find nothing else. What if you have been convicted of a related felony and are caught driving a car with a sub box in it? Could you subsequently be charged with a felony because of your past conviction-even though nothing has been found?

If you install a safe for the purpose of transporting a gun, you're good but f they find a controlled substance (or residue of a) in it, then you can be charged with a felony.

I can definitely see a legal challenge coming.

 

You have some survivalist stuff in your signature photos. I would not find it surprising to hear that a survivalist/prepper had something like that to conceal cash and weapons for the coming apocalypse. Nor would I be surprised to hear of a motor coach with a similar hidden compartments for the purposed of storing valuables.

All depends on proving "intent" I guess.

 

they should outlaw Ziploc baggies

 

I about shit my pants about 15 years ago when one of the talking heads running the city of LA got on TV and held up a small baggie, saying that the ONLY use for them was to contain small quantities of drugs.

Umm... electronic components, jewelry parts, small hardware.....

Idiots.

 

Everyone knows cash will be useless after the apocalypse. A dentist however will hide his/her key tools in said compartment as those are as good as gold in a trade/barter based economy! Sorry for the hijack, couldn't resist!

 

No, I think that's exactly what will happen. But if it does, the cops aren't gonna be worried about that

 

Rich,

I love your posts but I think here you absolutely hit the nail on the head. The defendant should not have burden of proof. That's some George Orwell shit. If the defendant has burden of proof than men of the law have unlimited power.

 

Pretty much. I didn't give my thoughts on the topic on purpose...didn't want to slant the post from the git go...but, I agree 100%...I want the US back.

As far as Rich goes...at least on TW (or public office).

http://www.youtube.com/watch?v=Ud8ihfAffeM

I found what I think is a vid of him.

 

If I were to be elected to public office, "they" would have a bullet in my head or poison in my whiskey before I could finish saying "I solemnly swear...."

 

That law is toast, it can't stand.