Home Depot's ad on "pulled over Santa" too close for comfort

By Last Night in Little Rock, Section Civil Liberties
Posted on Fri Dec 15, 2006 at 05:09:28 AM EST
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Home Depot is running an ad this month (click on "Pulled Over Santa") where Santa Claus is pulled over by an officer who asks for his license and registration. Santa can't find the registration, and he sits back looking resigned to the fact that something bad may be in the offing. The elf nervously waves to the officer. The officer then asks: "What's in the bag?"

So, if kids, or even the general public, see this ad, are they supposed to believe that it is legally permissible for a police officer during a traffic stop to ask "What's in the bag?"

The ad is funny on one level because it shows the reality of stops of suspicious characters. It is deathly serious on another level if the public thinks that this police conduct is de rigueur and lawful. (The ad appears to have been produced in Canada for Home Depot.)

Update: No, there is no reasonable suspicion. There is no excessive nervousness, failure to make appropriate eye contact, talkativeness, or furtive movements from Santa or the elf or overpowering smell of air fresheners or obvious modifications to the sleigh for a compartment where contraband could be hidden. Also, it appears unlikely from the video that there was any a bona fide moving violation to pull the sleigh over in the first place. There was, however, no registration in hand. That does not, however, translate into justification for the officer to ask "What's in the bag?" How many innocents are stopped and subjected to the same routine for every one that gets arrested? Without police stop statistics, we can never know.

A few years ago, I bought an enlargement of NACDL's Champion cover that showed Santa Claus being rousted, hands up and "assum[ing] the position" at the border by officers from every police agency, going through the sleigh and his bag. The ATF bomb disposal expert examining a box is the best character of the six shaking down Santa Claus. I pull that one out every year to get into the Christmas cheer. And this was before some of the media manufactured a "War on Christmas."

[cross-posted from www.FourthAmendment.com]

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Home Depot's ad on "pulled over Santa" too close for comfort | 42 comments (42 topical)

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stop (none / 0) (#1)
by marty on Fri Dec 15, 2006 at 05:54:18 AM EST

Of course they are supposed to believe it's OK....after all, in Republikan Bush's Amerika, "If you're innocent, you got nothing to worry about."

You have no sense of humor. (none / 0) (#2)
by jimakaPPJ on Fri Dec 15, 2006 at 06:59:08 AM EST

Puleaseeeeeeeeee

It's an ad for heavens sake!

Are women supposed to believe perfume will attract the man of their dreams?

Are men supposed to believe that a new car will get you sexy women?

That a lawyer can always fix your workman's comp poroblems?

etc. etc. etc.

: Hassled for driving while white (5.00 / 1) (#41)
by Repack Rider on Fri Dec 15, 2006 at 07:19:01 PM EST

I got a taste of what it's like to be black recently.
On December 4 I spent a few minutes hanging around a part of town where white guys rarely go, with some friends who are, obviously, black. I had come there to pick up my employees, but our job was canceled just as I got there so I chewed the fat for a few minutes and then left.
A sheriff's deputy made a show of recording and running the plates of my legally parked truck whle I stood 20 feet away. When I left, one of my friends alerted me via cellphone that two deputies were stalking me, something the average driver would never know.
Within a few hundred yards I was pulled over for a bogus excuse, that my registration stickers were not on the back plate, which is because in California commercial vehicles like mine carry the tags on the front plate.
Despite the fact that I had not violated a single provision of the vehicle code, the deputy detained me and took my license and ran a warrant check.
Even though I do not carry contraband in my pockets, I do not care for an offcer to demand to see what's in them, and even though I have never spent a day in jail in my life and have no warrants, I object to being stopped for a pretext, so the deputy could put a name to the white guy who hangs out with black guys.
Now that they know who I am, the bell can't be unrung, and the deputies have a permanent record of where and when I conduct my lawful activities.
Since they wanted to know so badly who I am, they are about to find out that I am a guy who is not afraid to hold them accountable for the violations of my fourth and Fourteenth Amendment rights.

I thought they could ask whatever they wanted (none / 0) (#3)
by roy on Fri Dec 15, 2006 at 07:46:48 AM EST

I thought cops, like anybody else, could always ask questions and even ask for permission to search. Don't they need reasonable suspicion only if they're going to search without permission?

As for why Santa was pulled over, I think I remember that he had no license plate, no safety inspection sticker, and no tax sticker.

Also, given the amount of distance Santa covers in a night, he was probably speeding.

He may also have been reasonably believed to be fleeing after trespassing on private property. It's reasonable to think that somebody who enters a home through the chimney doesn't have permission to be there. I wonder whether that also translates to reasonable suspicion that he was a thief, which would justify searching his bag for stolen goods, without his permission.

Bored are we? (none / 0) (#4)
by Wile ECoyote on Fri Dec 15, 2006 at 08:01:58 AM EST

Anyone who thinks a Home Depot ad sets public policy probably has issues.

LNILR:
How about the coors lite ad that has a train on a train track popping up from the middle of nowhere. Am we supposed to believe, Norfolk-Southern and all the other companies can just throw down some track were ever they want without permission from landowners and with the requsite environmental impact studies?

Or are we supposed to truly beleive Oxy-clean can acctually clean our laundry?

Yeah, actually they are. (none / 0) (#5)
by Gabriel Malor on Fri Dec 15, 2006 at 08:41:15 AM EST

And there's nothing wrong with that. Officers can ask for consent to search at any time and without telling the individual in question that they have the right to refuse so long as the consent was not the product of coercion. (Schneckloth v. Bustamonte)

I'm sure you know this, Jeralyn, and just let yourself get carried away.

: In laymens terms.... (none / 0) (#6)
by kdog on Fri Dec 15, 2006 at 08:54:46 AM EST

its legal for the cops to hustle you.

: Layman's terms and a correction (none / 0) (#8)
by Gabriel Malor on Fri Dec 15, 2006 at 09:46:18 AM EST

Correction: I thought Jeralyn posted this, but I see now it's LNILR. Still, any lawyer should remember consent searches from their 1L Crim Pro class. It's the most common type of search, after all.
As far as layman's terms: Law enforcement officers have the authority to ask you to let them search you or your property. All that is required to make that search constitutional is your uncoerced consent.

: Police..... (none / 0) (#11)
by Patrick on Fri Dec 15, 2006 at 10:53:01 AM EST

Can ask that question and many others as long as it doesn't extend the length of the stop past was is considered a reasonable amount of time to take care of the business at hand. Ie, Identify the driver, obtain a DL, registration for the vehicle and insurance if applicable and issue a warning or citation.
LNIR, since you claim it is illegal, perhaps you would provide a law or a case on point which supports that claim. You're the 4th Amendment guy, I would expect such a cite would be easy enough for you.

: What State? (none / 0) (#43)
by Ben Masel on Sat Dec 16, 2006 at 02:12:23 PM EST

I recall reading of State Supreme Court rulings in Ohio(?), Wyoming(?) holding a traffic stop inherently sufficiently coersive that a request is not a request.
Police practice in Wisconsin is to first deal with the traffic matter, either with a ticket or warning, then to seek consent for the search, so that you're not technically detained by the time you give permission.

Uh oh (none / 0) (#7)
by peacrevol on Fri Dec 15, 2006 at 09:22:58 AM EST

It seems wile and jim missed the point. It's not about the add...it's about what it says about what our general public thinks is ok in a routine traffic stop. I have no idea what the laws really are about what a cop can do and cant do during a routine stop. I think that it is very representative of the American public as a whole. Somebody has done a pretty damn good job of murkying up the water for us on this one. It's not really clear to anyone like me who doesnt have a law degree or criminal justice background. After all, who has the upper hand in a situation when they're the only ones that know what's going on? Who always likes to have the upper hand? And of course, like kdog says, they will bust you up and hustle you right out of your own shoes sometimes if you let them.

Like the bushdoctor says..... (none / 0) (#9)
by kdog on Fri Dec 15, 2006 at 09:46:50 AM EST

"Police and thieves in the street.....fighting the nation with their...guns and ammunition....From Genesis...to Revelations...the next generation....Hear me."


Merry christmas (none / 0) (#10)
by jimakaPPJ on Fri Dec 15, 2006 at 10:37:33 AM EST

Oh noooooooo

Now we have people using ads to determine that we are in AmeriKa.......

Merry Christmas, peacerovl and may Santa bring you a sense of humor.


Hopefully (none / 0) (#12)
by peacrevol on Fri Dec 15, 2006 at 10:53:59 AM EST

But I havent been good for goodness sake. I didnt watch out.

But dont senses of humor only start sensing when there is some humor to be sensed? My senses didnt sense that there was any humor for my sensories to sense, since you're humor has twice since hinted that you put in your two cents worth of humor that didnt sense that they were on the wrong path to making any sense. See if you can make any sense out of that humor. :>)

Merry Christmas. Merry Christmas, Merry Christmas, Merry Christmas, kiss my ass. Kiss his ass. Kiss your ass. Happy Hanukkah.
- Chevy Chase as Clark W Griswold, Christmas Vacation

Senseless sense (none / 0) (#22)
by jimakaPPJ on Fri Dec 15, 2006 at 12:47:37 PM EST

Well, I sense that your lack of senses will keep your senses from sensing when some with more senses is plucking your sense...

And Happy Holiday Season to you! Or as 99% of the people surveyed said:

I'll be glad when this sh*t is over with.

And if Santa comes down your chimney, I trust you won't be bent over trying to light a fire.


: Nah (none / 0) (#28)
by peacrevol on Fri Dec 15, 2006 at 01:28:11 PM EST

I trust you won't be bent over trying to light a fire.
Santa's gonna have to come knock on my door so I can let him in the front b/c I'll already have a fire going. Dont let anyone ever tell you that Texas doesnt get cold.

I'm still kind of wondering (none / 0) (#13)
by Jen M on Fri Dec 15, 2006 at 10:57:54 AM EST

what santa being pulled over by the cops has to do with home depot -- do they sell radar detectors or something?

Good Question Jen (none / 0) (#14)
by peacrevol on Fri Dec 15, 2006 at 11:07:59 AM EST

I wouldnt know...I live in an apartment and shop at the "I dont have to fix $h*t Depot".


: Never heard (none / 0) (#20)
by jimakaPPJ on Fri Dec 15, 2006 at 12:41:38 PM EST

Don't have to fix???
Have you never heard that most frightening of phrases:

Some assembly required!
and

Batteries Not Included

Never? (none / 0) (#19)
by jimakaPPJ on Fri Dec 15, 2006 at 12:38:48 PM EST

You've never been in a Home Depot??


This is interesting to me. (none / 0) (#15)
by sarcastic unnamed one on Fri Dec 15, 2006 at 12:00:06 PM EST

Many years ago I was pulled over for an illegal u-turn. I had a briefcase in my car and the officer asked me what was in it. I said "Papers and stuff."

He then, non-verbally, nodded and gestured indicating that he wanted me to open it. I complied, he glanced at the papers and stuff ("stuff" being pens, daytimer, etc.), gave me a ticket for the u-turn, and I was on my way.

Did he cross the line?

xmlman (none / 0) (#17)
by sarcastic unnamed one on Fri Dec 15, 2006 at 12:24:34 PM EST

Probably so, in retrospect. Still, is there an absolute line that he crossed, in a legal sense?


The right thing.... (none / 0) (#31)
by kdog on Fri Dec 15, 2006 at 04:13:10 PM EST

if the goal is to stay out of cuffs...you did the right thing sarc.

In my personal experience...cops hate it when you remind them of your rights, and come down harder on you.


: kdog (none / 0) (#39)
by sarcastic unnamed one on Fri Dec 15, 2006 at 06:32:31 PM EST

Interesting. After the briefcase, he mentioned that he could have had me arrested and/or my car impounded due, if I remember correctly, to an outstanding ticket of some kind, but decided not to. Might even have been a warrant out for me, I don't really remember, it was over a decade ago...
I imagine, had I given him any guff, and the warrant/impound been for something of importance, I'd have ended up having had a much worse day than I did.
Lesson learned: take care of anything legal-like - tickets and such - quickly and completely.

: I've successfully turned down (none / 0) (#42)
by Ben Masel on Sat Dec 16, 2006 at 01:52:30 PM EST

24 consecutive requestsm for searches, 2 as a pedestrian, 22 of them in traffic stops (old car, bad wiring, tailights did not stay 'fixed.")

The thing that was weird to me... (none / 0) (#18)
by sarcastic unnamed one on Fri Dec 15, 2006 at 12:32:25 PM EST

...was the odd use of non-verbal body language to indicate that he wanted me to open the briefcase, when everything occurring before and after the briefcase was 100% verbal.

After the incident it seemed to me that he was very aware of some sort of line that he didn't want to cross, or perhaps didn't want to be in a position to defend legally or something...


If he had found anything, then yes... (none / 0) (#23)
by Bill Arnett on Fri Dec 15, 2006 at 12:52:03 PM EST

...he may have crossed the line when you "yielded in the faced of authority" with passive gestures rather than affirmatively telling the officer, "Yes, you may search my ______"

Yielding in the face of authority isn't the same as consenting to a search because there you are, alone, minding your own business, and an ARMED man/woman asks (or more often make it a demand) that you allow them to search, with the clear implication that if you refuse you will be subjected to a hard time.

After all, many people are fearful enough of someone who is armed to give them permission to do anything they want instead of just remaining silent or clearly saying, "No!" or "Where's your warrant?"


Thanks Bill... (none / 0) (#24)
by sarcastic unnamed one on Fri Dec 15, 2006 at 12:59:59 PM EST

...although it was his non-verbal instruction to open my briefcase that I was wondering about.


He the cop can intimidate you into... (none / 0) (#26)
by Bill Arnett on Fri Dec 15, 2006 at 01:09:24 PM EST

...allowing an unauthorized search because of his body language, you'd probably be "screwed", which is a highly technical term of great legal import.

Mornin'. SUO, edger, everybody.


That's what I thought. (none / 0) (#27)
by sarcastic unnamed one on Fri Dec 15, 2006 at 01:15:18 PM EST

Thanks.


OK? (none / 0) (#30)
by peacrevol on Fri Dec 15, 2006 at 01:43:13 PM EST

So do you have to invite them to search your stuff or answer yes to a search request? Can you just say nope and smile? What is the one thing besides reasonable cause - seeing a gun or smelling pot smoke or whatever - that allows a cop to rummage through my rubbish?


Are you serious? (none / 0) (#32)
by kdog on Fri Dec 15, 2006 at 04:16:03 PM EST

Where I'm from they don't even ask...they were up in my glovebox before I even realized I was pulled over.


Then.... (none / 0) (#35)
by Patrick on Fri Dec 15, 2006 at 04:23:44 PM EST

They are conducting illegal searches and you should get their name and badge number and complain. Or you can send it to me and I'll do it for you.


: You're allright...... (none / 0) (#36)
by kdog on Fri Dec 15, 2006 at 04:36:58 PM EST

Pat...thats good to hear. It's funny...you'll never now how much you personally have helped me re-think things and get some hate out of my system. I owe you for that...may sound silly but I'm serious.
One of the regrets in my life was letting myself get intimidated that day. It's stuck with me all these years...makes me feel ashamed that I rolled over like the proverbial b*tch when it came time to stand up for my rights. Live and learn, live and learn....

Only if (none / 0) (#21)
by jimakaPPJ on Fri Dec 15, 2006 at 12:42:44 PM EST

he took your copy of Playboy..


If you opened it... (none / 0) (#34)
by Patrick on Fri Dec 15, 2006 at 04:18:11 PM EST

You'd have a tough row to hoe proving it wasn't a voluntary consent, but every defense attorney in the world would probably file the suppression motion and give it a try. I'd say based on the limited info you provided, he did not cross a line.


Patrick (none / 0) (#40)
by sarcastic unnamed one on Fri Dec 15, 2006 at 06:34:13 PM EST

Thanks. I learned something today!


Unless you're like the friend of mine... (none / 0) (#44)
by Bill Arnett on Sat Dec 16, 2006 at 04:24:11 PM EST

...who refused permission to search his car and the cops aggressively told him to open up or they would hold him until a warrant got there.

My friend calmly reached into the vehicle, got the keys, did one of the old "hey, look over there!", and when the cops did he threw his keys as far into the adjacent field as he could. He then told the cops, "I ain't going anywhere, see ya when you got your warrant", whereupon he was put in the squad car until a supervisor arrived. After two minutes of talking the supervisor ordered my friend released and the two cops to get the hell back on patrol.

It took my friend a little over an hour to find his keys.


: Good one (none / 0) (#45)
by squeaky on Sat Dec 16, 2006 at 04:46:38 PM EST

What f'ing asses these cowboys are.

Hell yeah.... (none / 0) (#33)
by kdog on Fri Dec 15, 2006 at 04:17:58 PM EST

Thats my favorite Jay-Z verse...most poignant. Well done.

SUO (none / 0) (#37)
by Che's Lounge on Fri Dec 15, 2006 at 06:16:40 PM EST

cops hate it when you remind them of your rights, and come down harder on you.

This is the point of the article. The cops bait you into protecting your personal property from unreasonable search, then treat you like a criminal if you exercise those rights. Slicker than snot.

I was quoting kdog (none / 0) (#38)
by Che's Lounge on Fri Dec 15, 2006 at 06:17:59 PM EST

to SUO. Sorry.