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Driver Arrested In Ohio For Secret Car Compartment Full of Nothing
schwit1 writes about the hazards of driving through Ohio in a car with a secret compartment in the trunk. From the article: "Norman Gurley, 30, is facing drug-related charges in Lorain County, Ohio, despite the fact that state troopers did not actually find any drugs in his possession. Ohio passed a law in 2012 making it a felony to alter a vehicle to add a secret compartment with the 'intent' of using it to conceal drugs for trafficking."
This is the first person arrested under the strange law.
Does this law apply if you buy a used car and you don't even know about the hidden compartment? Surely this can't be Constitutional.
That's probably the mindset of the people in my hometown when they set up local statutes, (still on the books today, but unenforced). I am from the Middle of Nowhere. In the Middle of Nowhere it is illegal for; a black person to ride a horse through town, to be out after dark unescorted or to shout in public places.
I'm sure it means the same thing.
*Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
As bad as the law is, according to the law's language itself, he shouldn't have been arrested. Here's the last section of the law:
(I) This section does not apply to a box, safe, container, or other item added to a vehicle for the purpose of securing valuables, electronics, or firearms provided that at the time of discovery the box, safe, container, or other item added to the vehicle does not contain a controlled substance or visible residue of a controlled substance.
Only one section of the law mentions the word "intent" and that's in reference to actually building or installing the hidden compartment. So unless this guy also had a prior drug felony, or unless they could show he installed the compartment himself, there's no real case against him. I'm guessing he has a record though, which is why the went forward with the arrest.
I used to work a convenience store back in college days. Once a day the supervisor would come by and pick up the receipts. The money was enough to make robbery tempting, but not enough to justify a Brinks service. His car had a small key safe incorporated into the bodywork, welded to the frame, and hidden by a false panel. It was big enough to hold the receipts for all the stores under his control, and was hidden cleverly enough to make discovery unlikely if the car was broken into, and perhaps even if the car was stolen. It's interesting to me that such a law would make this legitimate use of hidden compartments illegal.
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
Not quite the same thing, but in the UK, we have a crime of "going equipped" – that is, carrying tools of the trade to rob houses etc. It's effectively the same law, just with a different target.
One of my friends is a defense attorney. He had a client who was arrested for carrying a concealed weapon while walking down the street (open carry is completely legal). The gun was concealed, by a belt holster. Apparently, under the law, having the gun in a holster counts as concealed in my state and the only way to comply is to either carry it in your hand, have it slung or have it classified as a hunting weapon. That's right, a completely visible handgun in a holster is concealed but a hunting rifle hidden in your coat isn't.
I've heard about stuff like what the AC mentioned. From what I understand that particular interpritation is routinely defeated whenever it reaches a judge or jury. Problem is that the person often plea-bargains out, resulting in a 'conviction' without precident.
Even if they know the dude will be able to get off in a trial, it amounts to police harassment to the tune of thousands of dollars to defend yourself. Even if the charges are dropped before significant lawyer bills, it can still add up to harassment along the lines of this poor guy.
I've also heard where cops take 'concealed' to mean that there's an angle it can't be seen from, as opposed to not being able to be seen from any angle. As such, 'rubber banded to your hip' would still count as concealed if the cop can't see the firearm THROUGH your body. This resulted in jokes about carrying it on the top of your head.
I don't read AC A human right