More and more, law enforcement is beginning to emphasize
“interdiction” activities along Iowa’s
main highways. Specifically, Interstate
80 and Interstate 35, which both run directly through the heart of Iowa. Interdiction, as law enforcement calls it, is
a multi-jurisdictional effort to catch narcotics and narcotic transporters as
they drive through Iowa.
Here is how it works.
Law enforcement, particularly members of the Iowa State Patrol, sit
along side Interstate 80 and 35, looking for vehicles that “catch their
attention.” Normally these are vehicles
with out-of-state plates, especially, New York, Arizona, California, and
Texas. These states are referred to by
law enforcement as “source states.” Often
times these vehicles will have auxiliary amenities to them such as exterior
toolboxes or gas tanks or other items that the State Patrol suspects could
store illegal drugs such as marijuana, cocaine, and methamphetamine.
Once identified, Troopers will then stop the “suspicious” vehicle
for the most minor traffic or equipment infraction including speed (sometimes
only 3 miles and hour over the speed limit), tinted windows (Iowa law does not
allow for tint on the front driver or passenger window or the windshield),
expired registrations, license plate frames that cover any letters or numbers
on a plate, or any other “violation” the Trooper can come up with. The Trooper then approaches the vehicle,
looking at the interior to see if it has a “lived in” look as he is asking for
driver and passenger identification, proof of insurance and registration. The driver is then asked to sit in the patrol
car as the warning or citation is issued.
Once the driver is in his vehicle, the Trooper begins asking
questions about the starting point, destination and purpose of the trip. Before returning the drivers license and
allowing him to go on his way, the Trooper, under the guise of returning the
passengers identification, begins questioning the passenger about the same
thing. Any inconsistency in story will cause
the Trooper to investigate further. The
Trooper will come back, tell the driver he is free to leave, but as the driver
is walking back to the car, the Trooper will ask him to come back and answer a
few other questions. At this point the
Trooper confronts the driver about any inconsistencies and flat out asks the
driver if there are any drugs in the vehicle.
The Trooper carefully analyzes the driver’s response and
then goes through a list of drugs, asking the driver whether any of them are
present. If the driver denies the
presence of narcotics the Trooper will request consent to search. If consent is granted, all occupants are
placed in the rear of squad cars with audio recorders rolling to pick up any
conversations between the vehicle occupants.
If consent is not granted, often times the Trooper will have the driver
return to his vehicle, get the passengers out of the vehicle and secure them as
well, before running a K-9 or drug dog around the vehicle. The Trooper will contend that the
inconsistent answers and nervous demeanor of the driver provided a suspicion
that justified the K-9 sniff of the vehicle.
If the K-9 “alerts” to any part of the vehicle, an immediate
“probable cause search” is conducted. (See previous Blog, “Are the
Sniffs Up to Snuff”). If the K-9 does not alert, then the occupants are
normally permitted to go on about their business. After letting them go, the Troopers will then
review the in-car audio recordings to see if the vehicle occupants made any
incriminating statements to each other while seated in the rear of the
vehicle. If so, they will radio ahead
and have another agency re-stop the vehicle so that further investigation can
be conducted.
In drug “interdiction” or drug traffic stop situations,
people are well-advised to remember a few simple rules:
1.
Once the driving or equipment violation citation is
issued, the officer must let you go on about your business, unless they have an
articulable suspicion of criminal activity.
Mere nervousness alone is insufficient.
2.
ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU. Everything is recorded. Both when you are speaking to the officer and
when you are in the patrol vehicle. The
less you say the better and you NEVER have to answer questions.
3.
You NEVER have to consent to a search of your person or
your vehicle. If they want to search,
make them get a warrant or search it without a warrant which then gives your
lawyer arguments to have anything they found thrown out of court.
Remember, know your rights
before you need them!
Know your rights; Exercise your rights; and Preserve your
freedom!
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