Circuit Boards + Soldering Iron == Terrorist?
Search and Seizure asks: "This week, the local police contacted one of my co-workers and informed him that they had been contacted by the FBI who requested that they investigate his apartment. According to the police, while his apartment repair staff were checking his smoke alarm, they had noticed suspicious looking items in his kitchen and had called the FBI because they suspected that he might be a terrorist. What do you do when your landlord suspects that you might be a terrorist and reports you to the FBI?" If the law comes a-knocking, always remember that you can politely ask for a warrant.
"The police officer went on to explain that my co-worker had two choices:
1) Let the local police take a look and explain what the 'suspicious' items were for.
2) Don't let the local police in. The police will let the FBI know, and they will use 'Homeland Security' to come in and do a full search.
He opted for the less drastic choice, and showed the officer the digital camera guts, his in-progress circuitry to take automatic pictures, the tethered balloon that he was going to hook them up to so he could take overhead pictures, and the beer keg that he used to store his beer.
The police officer accepted his explanations and it appears to have turned out okay, but the whole situation is a little disturbing.
What rights do we have to experiment and create in this age of paranoia?"
1) Let the local police take a look and explain what the 'suspicious' items were for.
2) Don't let the local police in. The police will let the FBI know, and they will use 'Homeland Security' to come in and do a full search.
He opted for the less drastic choice, and showed the officer the digital camera guts, his in-progress circuitry to take automatic pictures, the tethered balloon that he was going to hook them up to so he could take overhead pictures, and the beer keg that he used to store his beer.
The police officer accepted his explanations and it appears to have turned out okay, but the whole situation is a little disturbing.
What rights do we have to experiment and create in this age of paranoia?"
People have no balls. We all know this homeland security BS is totally unconstitutional, its not even a question. Here's what I would have done in the guys situation.
1) I would have taken advantage of my rights to the fullest extent forcing them to use the patriot act.
2) Gone to court eventually and claimed that the patriot act was unconstitutional.
3) Next year or the year after I would be in the supreme court with my lawyer, it would be US vs. Me and the patriot act would be declared unconstitutional making the world a better place for everybody.
Sure it would be a pain in the ass. Sure it would be a lot more work than that. And sure it would probably "ruin" my life. But this stuff wont go away on its own. Somebody has to fight it. I'm just waiting for my chance. The rest of the people around are all wusses who wont sacrifice anything for the common good. I can't wait until the day big brother comes to get me. I want to have a digital camera take a picture of the looks on their faces when I give them the double deuce.
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Yes, exactly. And now the government has a record of some of the interesting activity he's been engaging in. Perhaps he's gone in a file somewhere, a separate memo has been sent to some higher up State or Federal organization, he's being catalogued in a database...
I think the thing that really scares the shit out of me is the implicit threat and removal of rights that the police officer put forth. Previously, from what I understand, someone could demand that they see a warrant, a judge would have had to specifically grant that warrant, and some rights were preserved. There were some checks and balances in place. Now, all of a sudden, the executive branch can just say "hey, we need to see your stuff, and if you don't let us do it, we'll get someone else to do it. Sucks to be you." Police state, you're looking more and more similar to what we have...
What is intetersting about this is that the FBI asked him anything. They have the ability to perform a sneak-and-peek search without the need to show a warrant beforehand and they can also have the search happen and show the warrant much later. It seems strange that they would call ahead of time and give the suspect time to dispose of any incriminating evidence. The whole thing is odd.
A coworker was on a plane recently where a aged, somewhat dark skinned Italian man pulled out a rosary and began praying. The young woman across the aisle was obviously distrubed, called the stewardess and had a whispered conversation. The stewardess started coming by and taling to the man asking questions like was he nervous about flying. On the next leg of the flight the flight crew got a burly, surly "steward", who was obviously an air marshal.
In the end, this incident just wasted some public servant's time. Same as the circuit board incident. Unless or until people get good at recognizing what a bomb detonator really looks like, things like this are bound to happen. I'd say a friendly show and tell with a local cop isn't so bad in the scheme of thigns. What I don't know is how muslims manage to live in this country given the climate of hysteria, having to pray five times a day. Imagine coming under suspicion of preparing yourself for a suicide bombing several times every day.
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Just like zero-tolerance policies in schools, when a person puts themselves into a situation where they are governed by idiots (in this case, an idiot landlord or idiot repair people), just living their ordinary life becomes a risk.
E.g.: "Oh dear, little Johnny boy brought nail clippers or Advil to school, so we just have to punish and expel the bastard for his evil deeds. May little Johnny boy burn in eternal hell for wanting to be well groomed."
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If "your friend" hasn't done anything, "he" shouldn't have anything to worry about. BTW, why are all these stories about someone's friend??? Maybe they're really about you and you just won't admit that you're one of the terrorists. Screw the Patriot Act, track down his IP address and arrest him.
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It's not to clear from the writeup whether this guy let the police in to search his house, or just to explain the situation.
If it's the former, it raises alarm bells. The fact that the officers went down their without a warrant means this kind of thing happens often enough that they expected to get away with it. This is probably because people routinely submit to searches without warrants. If people always refused unwarranted searches, those officers would have made sure they got one before going down there.
In this case, as there was obviously little reason to be suspicious, the warrant would probably have been refused, and that would have saved this guy being hassled by the police.
If, on the other hand, the police just came in the talk to the guy, I think that is kind of reasonable. Somone reported something to them, and they were following it up. The fault is with the paranoid person that made the original complaint.
I think if I had been in this situation, I would have tried to explain to them on the doorstep what the equipment was really for. If they were unsatisfied with my explanation and wanted to search my house, I would have made them go get the warrant. And I would have explained to the police that this was because I believed the process of obtaining a warrant is there to protect innocent people from unecessary searches.
Unless innocent people refuse searches, the police will always believe that people who refuse searches are guilty.
Slashdot Is Not A Law Firm. ;>
.. pointed at me, was when I walked across the Peace Arch crossing from Canada to the US.
The US is a rogue state, with a military police mentality running everything, along with paranoia and hysteria rampant. The terrorists won a long time ago, and all that's happening now is that the US has to live in the bed it's made by not going through resistance to the crazy, right-wing that dominates everything.
If this example shows anything, it's that there needs to be another American revolution, one which breaks up the Union into a set of smaller unions where the federal government isn't so separated from the people as to allow these constant abuses of the original US constitution. I like a strong federal government as much as the next person, but only in the cases where it makes sense (such as actually instituting proper public health care), not in cases where people have their landlord call the fucking FBI on them.
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There may have been no seizure but had he refused it possibly would have become an illegal search. I do encourage people to know the constitution and the rights it is supposed to provide and protect. And then I want all teh christians out there and especially Baptists (of which I am both) to remember as individuals we have no rights and are to fully allow such searches and seizures w/o argument (even though in myself I would be one of the first to fight back I need to learn to become less.
And no this isn't meant as a troll or a flame though I am sure if modded it will be listed as such.
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There are lots of people that don't have the 3 things to battle in courts. They pay the parking tickets, they take plea bargains, they can't miss work, the list goes on.
You are too busy to your life to worry about your rights. Sad when you realize you don't have those rights at the end of the day.
I've hoped technology could correct this, e-voting, instant polls, communications with elected officials, but it hasn't.
Sad.
I am 26 years old, have lived in the US my entire life, and have never had a firearm of any kind pointed at me. That said, were I crossing a border into another nation, say mexico, there is an understanding that firearms might be present.
As for having the rifle pointed *at* you, I strongly suspect that you are exagerating, or made one of those hilarious jokes that security folk love so much, like "Look out for the bomb in my luggage."
If you're curious why America is so "militant", it's because not too long ago, over 3 thousand people died in an attack that destroyed more commercial space then exists in all of San Francisco. Ask yourself how you might feel if, oh, say, downtown Ottowa was utterly leveled.
I'm no fan of certain clauses of the patriot act, including the allowance for feds to search property without presenting a warrant. But to suggest that there is no reason for this, other than to create a militant police state ignores facts which are fully in evidence.
But I forgot, that I'm not allowed to cite the events of September 11th, because doing so makes me a Jingoist. Curse our surly, greedy, unrefined society!
"Inattention makes clowns of us all" -Bean
point a loaded weapon at me.
I'm in no way exagerating. I was walking across the grass field under the peace arch with my then girlfriend. We were travelling from Vancouver to Seattle to catch a plane at Seatac. As I didn't feel like spending 400$ on a cab between Vancouver and Seattle, I arranged to have a friend from the US pick me up at the border crossing, and took a (less expensive 80$) cab from Vancouver to the arch.
We apparently chose the cars-only side to walk up to, because a solier inspecting a car snapped up from his work, aimed his automatic rifle at us, and yelled at us to go around to the other side. When I tried to talk to him, to ask him to put the gun down among other things, he just screamed harder at me.
When we did go inside, the US military guys tried to play good cop/bad cop on why I felt the need to enter the United States. It was complete BS, and an example of exactly how silly US customs is. On the way back, the Canadian border guard was nothing but courtieous to us. I don't even think they had M-16s!
As for Sept 11, Canada had the whole FLQ thing in the 1970s. Trudeau invoked the war measures act. However, once the situation was taken care of, the war measures act went away. Why isn't the patriot act going away? Why must the US continue to militarize and occupy foreign nations not related to the terrorist attack?
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Yes, exactly. And now the government has a record of some of the interesting activity he's been engaging in. Perhaps he's gone in a file somewhere, a separate memo has been sent to some higher up State or Federal organization, he's being catalogued in a database...
While I don't necessarily agree with it, I don't think having the poster's scenario documented in a Fed database is a horrible thing.
I'll use myself as an example. When I was young (18 or so) I had several friends involved in breaking into telco boxes, cloning cell phones, etc. Well, they got caught eventually, and I was called in to be questioned by the FBI. I sat and talked with them for a good hour or so (Which made me late for work - and the FBI won't write you up an excuse either hehe) and they took the laptop my friend had given me, which later turned out to be stolen from his place of work (Office Max I believe). So here I am, in talks with the FBI about stolen property and cell cloning - I know I must be in a database or two somewhere, especially since a few of my friends where thrown in jail for it.
But since then, I've worked for several federal and state government agencies as well as a half dozen Casinos (which really love to search into the background of people), so I've had many many state & federal record searches done on me. I'm sure there's a database somewhere that lists everything about me down to tattoos, blood type, allergies, surgeries, etc. But it's never been a problem. I've never had anyone ever say anything to me about that incident, not has it ever prevented me from getting a job.
So really, even though I'm in a DB or twelve somewhere, it hasn't affected me in any way. But if I was a criminal, and had done some illegal things, then these database entries would help the authorities find me if they needed to and maybe even solve a crime I was involved in. Look at Ca, they record the DNA profiles of convicted criminals now and it's actually helped them solve a lot of 20+ year old cold cases.
The only things you have to worry about these databases is that they don't get into the wrong hands. Any other worrying would be because you either did something wrong, or are thinking about it.
I do wonder if I requested my file from the FBI if I'd actually get something - I've always been hesitant to stir the waters up with it hehe.
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I've never had anyone ever say anything to me about that incident, not has it ever prevented me from getting a job.
Ah, but how can you be certain, comrade? Never been turned down for a job?
Or how about the complete insult to freedom of religion when they started banning Muslim head scarves in our schools?
Every nation, including the US, imposes limits on what is acceptable under freedom of religion. France imposed a minimal dress code in schools and they banned all religious symbols. Seems pretty reasonable to me.
Furthermore, keep in mind that this is a pretty recent phenomenon, brough on by significant immigration into France. But people who come to France know what kind of culture they are getting into, namely a mostly secular culture with Catholic roots. France is not, and never pretended to be, an American-style multicultural society and it draws its lines differently. France's choice may well speed up integration and help Muslims assimilate culturally, while they develop new traditions for their religion in a French cultural context.
Besides, head scarves are more cultural symbols rather than religious symbols anyway. They are supposed to express modesty, but in a different cultural context, they achieve the opposite effect. Just because people claim that they are religious symbols doesn't make it so.
Not to mention the extrordinary stupidity of when they required the characters in Contra to be changed from people into robots because it seemed to violent for the children.
Well, and what about the extraordinary stupidity of banning nudity and sex in US media? Every culture has its sensitive spots. Banning violence seems no less reasonable than banning sex and nudity.
I mean, the way that the government has surveillance cameras in public places is just creepy.
In the US, the only difference is that it is private companies that do it. The US government can get the same information out of that, but they aren't even subject to the same kind of public oversight as the UK government.
It was Frankfurt airport and I was getting on a plane to JFK. I was only 17 years old, but I was wanded, my carry-on was searched, and I had to identify my bags on the tarmack before they were loaded and I was able to board the plane. You know how many other people had to do the same? All of them.
Three years earlier I flew into Brussels from London without any such searches. That time I missed seeing a car bomb detonated in Belgium by 30 minutes. It is very strange to see the alley side of two building ripped open.
The point is that when someone has declared war against you... like the socialist/communist terrorist groups did in Germany during the 70s and 80s and islamic terrist have against the US in the 80s 90s and 00s. There are going to be times when in public places and entry and exit points you have to deal with security.
The same does not apply in your home. If the cops do not have a warrant, only can give up your right. That doesn't mean you need to be an asshole, but you certainly do not need to give into the the 'if you don't have anything to hide' mind game.
In the days of my youth (sharing a house with two other guys who might have who knows what kind of illegal substances about), the conventional wisdom was that once you let the officer in the front door there was little you could do to constrain their subsequent actions. When the police knocked at my door last year (looking for a reported runaway who was friendly with my daughter), I still found myself automatically saying, "I'll be happy to step outside and discuss matters with you officer." But without a warrent, they don't come through the door. At some point I expect (or at least I hope) that the portions of the Patriot Act that allow officers to enter and search without showing a judge sufficiently probable cause to get a warrent are ruled unconstitutional.
Now, I don't want to come off as anti-american (though it is fairly easy to feel that way these days), but do you US citizens realise that this sort of stuff is starting to flow on to the rest of the world? Many of us live in countries not governed by religious, paranoid, low-iq, war-fetishists. We like that we don't need to go around pretending there are terrorists everywhere in order to "exact vengeance" for ONE incident (which, lets face it, PALES next to some of the things that the US have done to other countries) 3 years ago.
Because the US is so influential on the western political stage though, we almost have to fall in line with your head lunatic. PLEASE get rid of this fucker. PLEASE vote for someone with some intelligence. And also, if you know your neighbours or friends are morons who will vote for any asshole who can wave a flag and spout some jingoistic bollocks, please have them killed. Cheers.
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Look at it like this. If the police really thought your friend was a terrorist, there's no way they would have given him a warning. They would have just called Homeland and his house would have been searched while your friend was away from home.
The fact that they turned up, asked nicely, and gave him a choice, means that they thought your friend was innocent but they were under an obligation to investigate all reports.
Annoying, yes. But when I was a youngster I once got stopped by the police at 2am while I was walking home. They asked me who I was, where I was going, asked to search my backpack (and I let them), etc. I fumed and thought "fascist pigs" at the time but in hindsight, they did the right thing. Here was me wandering around suburbia at 2am with a big backpack and computer gear under my arm. Suspicious? I think so. The police would have been remiss if they hadn't asked nicely. They probably thought "he's too dorky to be a thief, but we better check anyway, because THAT IS OUR DUTY".
Same here with your friend. Somebody reported him. It's not up to the police to ignore reports from the public. They _should_ investigate. That is their purpose.
The only things you have to worry about these databases is that they don't get into the wrong hands. Any other worrying would be because you either did something wrong, or are thinking about it.
That's some pretty big handwaving there. The ordinary citizen probably doesn't have to worry; nobody will bother digging up the dirt on them. But what if you decide to become politically active? Or if you get in the way of somebody with a lot of money and few scruples?
It's a guarantee that databases like this will be misused; the only question is how much it happens.
nobody even mentioned filing a complaint with the apartment management for invasion of privacy and stupidity of maintenance personnel. might even be a civil lawsuit in there somewhere for causing you problems with the law that they had no right to even stir up. and no, I don't think any kind of "reasonable doubt" would be covered
I'm good with numbers -
No, I can't. You can probably thank the 1969 case of Chimel v. California for helping everyone out there. This case placed more control over what the law enforcement could search following an arrest.
There was a case that went to the Supreme court in which it was argued that an IR heat detector was a violation of the 4th ammendment. You can read about it on the FBI's page, in Kyllo v. United States.
I think the issue at hand here is the potential that Section 213 of the PATRIOT Act has of being abused by law enforcement.
Show me on the doll where his noodly appendage touched you.
You say that as if it were only a minor concern, as if the notion that the data could fall into the wrong hands is farfetched. That's kind of like saying not to worry about poisonous cleaners under the kitchen sink, because it's only a problem if the baby is curious and tries to taste them.
you have the right to ask for a warrant, and we will come back using some national security law and turn your house inside out.
Or you can just let us in now voluntarily without a warrant.
Doesn't that sort of remove the point of having a system of needing warrants?
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God damn it. I forgot what I was going to say. Hey! Shiny object!!
My other car is first.
I worry about my own circumstances as a photographer. For the last 30 years, I've made photo prints using antiquated photographic processes. Many "alternative processes" use highly toxic chemical compounds that include cyanide, chromium, etc. and some of these toxic processes like Cyanotype are quite common, I remember learning how to make Cyanotypes in High School.
I bought large stocks of chemicals about 30 years ago, because it was almost impossible to buy them in smaller quantities. And by "large stocks," I mean like a small bottle of about 500 grams, which I've used about half of in 30 years.. So if the FBI ever decides to turn my house upside down, they'd probably find enough toxics to kill a small city full of people. I hope I don't ever run out, I can buy the chemicals from places like Photographer's Formulary, but I'm sure that the FBI gets a look at all their hazardous chemical purchases.
As I see the last election... There were two candidates. One whose wife's favorite charity is keeping her children out of jail, and the other whose wife's favorite charity is censoring music. But that's just me.
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But Gore, as Vice President, wasn't part to starting any world wars.
Bush, while not being Vice President, nor starting any wars before getting into office, played (and won) on name value. Well, not really won. More people voted for the other guy
Actual Votes:
Bush: 50,456,002(47.87%)
Gore: 50,999,897 (48.38%)
Electorial Votes:
Bush: 271
Gore: 266
This time around, maybe people will look at the record.
Bush: started two wars, killed lots of people
Kerry: didn't start any wars, wasn't responsible for thousands of deaths.
I spoke with one lady, who said "Bush isn't that bad, I'd vote for him again", who a few weeks later told me "I'm not voting for him again", because her son, a Staff Sergeant in the US Army Reserve with 6 years in, due to end his tour in August, is now being sent to Afghanistan in July for at least a year. This isn't abnormal, it's now policy. Just because you're not in the military now, and have no plans for joining doesn't mean much
From what I've read, Hitler wasn't that bad of a guy, til he started his ethnic cleansing campaigns across Europe, and conquering other countries just because they were there. That became fairly well known after a while. Maybe you heard about it? World War II?
Serious? Seriousness is well above my pay grade.
Let's say a police officer were to appear at my door without a warrant, wanting to search my house. If I allow him to enter, can he use anything incriminating that he finds as evidence, even though he conducted the search without a warrant?
IANAL. My comments pertain to US law. The best option as far as preserving your legal rights is to not consent to search or entry. If you want to talk, you can do that outside. You can even tell them you will wait outside with one of them while another procures a search warrant, so you can't destroy evidence. You could even bring the keg and electronics outside for inspection. If you tell them they may enter but not search that may place some limitationson them; the rooms you invite them into are somewhat fair game but they can't enter other rooms without sufficient probable cause. Police can search items within "reach, lunge, or grasp" without either a warrant or permission. And if they can see it, it is also fair game. If you do not want them to enter, tell them
You can step outside in order to talk to them. By the time they have knocked on your door, they may well have peeked in the windows (this is particularly true if they perceive any threat to themselves (which would be the case if they thought you were a terrorist) or others within the premises (in the case of a potential domestic violence call, for example).
It is recommended that you be polite (but firm) to police, do nothing that could be perceived as a threat, do consider things from their perspective, and be cooperative to the extent that it does not infringe your rights. "I know my rights! You <qbert>%@#%@%#$</qbert> pigs have no business coming in here!" is a really bad idea and the police may be justified in interpretting physical motions in their direction as assault that might not be interpretted that way under other circumstances. "Officer, I have been advised that by inviting you onto the premises I might inadvertantly forfiet certain legal rights. If you will permit me to step outside, perhaps we can discuss this and I can alleviate any concerns you might have."
What is particularly insidious about this case was the threat to bring in homeland security if you chose to stand up for your rights. Note they didn't threaten to come back with a warrant which would be the right thing to do if they had probable cause; they threatened to bring in someone who didn't need a warrant.
You can also ask some questions of your own. "Did the repairman have any expertise in bomb making? Did the repairman have any expertise in electronic (not electrical) devices? Did you have an expert in those fields interview him to determine if there was any basis for bothering me other than this man's ignorant speculations?" These can take some of the air out of the balloon of probable cause.
In this particular case, they may have some limited probable cause to search for a 1)bomb, 2)a surveilance device, 3) some sort of guided weapon.
Some people say if you have nothing to hide you have nothing to be afraid of. Spurious searches like these can have negative consequences for people who are engaged in any alternative lifestyle, government oversight, or technical hobby. What if your living room or other areas contain:
Look up Christian Reconstructionism. Look up Rushdoony. Google is your friend. Christian Reconstrutionism is the core of the mass movement you couldn't find. The exoteric term for this is "the Religious Right". I presume you've heard of them? How far have they gotten in the past 20 years?
"All these atrocities continue in spite of the fact that we now have the 'right' people in places of power. Indeed, the occupant of the White House is a professing Christian. The U.S. Attorney General is believed to be a devout Christian. 'Conservatives' control both Houses of Congress, and Republican presidents appointed seven of the nine Supreme Court justices. Christian activists placed the right party in power, but are we now witnessing the return to moral and constitutional government that we have demanded for so long?"
This is from Christian Exodus explaining why they want to take over a state because they've effectively taken over the national government and the New Millenium hasn't started yet, i.e. the nation hasn't converted to an Old Testament legal regime comparable to sharia law quite yet. Their problem of their political leadership is that little things like the Constitution and the Bill of Rights have been standing in their way, though the work of dismantling is in progress. In the above, "conservative" and Christian mean "Religious Right"... those are the only people the Christian Reconstructionists recognize as real fellow Christians. Every one of the last several Presidents, Democratic and Republican have been "professing Christians". But except for George W Bush, not their kind of Christian.
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I spoke with one lady, who said "Bush isn't that bad, I'd vote for him again", who a few weeks later told me "I'm not voting for him again", because her son, a Staff Sergeant in the US Army Reserve with 6 years in, due to end his tour in August, is now being sent to Afghanistan in July for at least a year. This isn't abnormal, it's now policy. Just because you're not in the military now, and have no plans for joining doesn't mean much
Funny, this has been policy at least since the Carter years when I enlisted. That is part of the fine print in the volunteer armed forces. Didn't read it? Well he signed the contract.
I was sent to Honduras with 5 months left, I had to extend or reenlist to meet My Obligation. I had a wife, three kids, and a job lined up - too bad. This was in peace time, 1989. He should have just joined AmericaCorps if he was afraid to do his duty.
I take my oaths seriously, and I hope that everyone who serves does the same. If they joined for college money, I say pay them off and bounce them out. I want warriors willing to defend our constitution, country, and way of life. I don't want Slashdot Whiners defending my freedom and that of my children.
I've had a total of 4 firearms pointed at me in my entire life.
;-)
1) Photographing a blood-red moon setting behind a school. Great shot. Cop pulls up behind my car about 500 yards away (hazards on flash). I head over so he won't give me a ticket.... and end up getting the business end of a riot gun aimed at me. Apparently someonecalled in a 'peeping tom' and he thought I was a suspect (uhh, yeah. leave my car outside with flashing lights... right.)
2) Trying to cross the road in France a sub machine gun aimed at me. Apparently the officer was saying 'you may not cross the road' in french, but that wasn't in my limited vocabulary... but seeing a jet black automatic aimed at you certainly was. The Prime Minister of Vietnam? (not even sure now) was traveling in the tunnels and they didn't want anything dropped on him (from my friends conversation afterwards)
3) Random search by airport security. I'd forgotten to put my steel toes on the conveyor. Legit concern
4) Cleaning a disassembled pistol. Idiotic to do such a thing, EVEN broken down, EVEN non-fireable (I had both clips in my hand). Still not funny.
Anyways, thats been my experience. In each case (save the first) it's been avoidable.