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Giant Purple Snorklewacker
Giant Purple Snorklewacker MegaDork
11/26/13 7:43 a.m.

Or maybe a copy of the Bill of Rights. Or a legal registered handgun. But do not leave it empty.

Man arrested and facing drug charges for an empty compartment:
http://reason.com/blog/2013/11/21/driver-arrested-in-ohio-for-secret-car-c

fasted58
fasted58 PowerDork
11/26/13 7:47 a.m.

that's bullE36 M3

GameboyRMH
GameboyRMH GRM+ Memberand MegaDork
11/26/13 7:52 a.m.

California's had a similar law for a long time.

N Sperlo
N Sperlo MegaDork
11/26/13 7:52 a.m.

Funny how they sneak the laws through before anyone notices...

Oh, and I'm sure GPS was joking, but no, not even a bible will save you from this law.

Bobzilla
Bobzilla PowerDork
11/26/13 7:58 a.m.

So what makes it a "secret compartment"? Like, is the Ridgeline's hidden spare under the bed a "hidden compartment"?

N Sperlo
N Sperlo MegaDork
11/26/13 8:03 a.m.

In reply to Bobzilla:

SECTION 1. That section 2923.241 of the Revised Code be enacted to read as follows:

Sec. 2923.241. (A) As used in this section:

(1) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.

(2) "Hidden compartment" means a container, space, or enclosure that conceals, hides, or otherwise prevents the discovery of the contents of the container, space, or enclosure. "Hidden compartment" includes, but is not limited to, any of the following:

(a) False, altered, or modified fuel tanks;

(b) Any original factory equipment on a vehicle that has been modified to conceal, hide, or prevent the discovery of the modified equipment's contents;

(c) Any compartment, space, box, or other closed container that is added or attached to existing compartments, spaces, boxes, or closed containers integrated or attached to a vehicle.

(3) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code and includes, but is not limited to, a motor vehicle, commercial tractor, trailer, noncommercial trailer, semitrailer, mobile home, recreational vehicle, or motor home.

(4) "Motor vehicle," "commercial trailer," "trailer," "noncommercial trailer," "semitrailer," "mobile home," "manufacturer," "recreational vehicle," and "motor home" have the same meanings as in section 4501.01 of the Revised Code.

(5) "Motor vehicle dealer" has the same meaning as in section 4517.01 of the Revised Code.

(B) No person shall knowingly design, build, construct, or fabricate a vehicle with a hidden compartment, or modify or alter any portion of a vehicle in order to create or add a hidden compartment, with the intent to facilitate the unlawful concealment or transportation of a controlled substance.

(C) No person shall knowingly operate, possess, or use a vehicle with a hidden compartment with knowledge that the hidden compartment is used or intended to be used to facilitate the unlawful concealment or transportation of a controlled substance.

(D) No person who has been convicted of or pleaded guilty to a violation of aggravated trafficking in drugs under section 2925.03 of the Revised Code that is a felony of the first or second degree shall operate, possess, or use a vehicle with a hidden compartment.

(E) Whoever violates division (B) of this section is guilty of designing a vehicle with a hidden compartment used to transport a controlled substance. Except as otherwise provided in this division, designing a vehicle with a hidden compartment used to transport a controlled substance is a felony of the fourth degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, designing a vehicle with a hidden compartment used to transport a controlled substance is a felony of the third degree.

(F) Whoever violates division (C) or (D) of this section is guilty of operating a vehicle with a hidden compartment used to transport a controlled substance. Except as otherwise provided in this division, operating a vehicle with a hidden compartment used to transport a controlled substance is a felony of the fourth degree. Except as otherwise provided in this division, if the offender previously has been convicted of or pleaded guilty to a violation of division (C) or (D) of this section, operating a vehicle with a hidden compartment used to transport a controlled substance is a felony of the third degree. If the hidden compartment contains a controlled substance at the time of the offense, operating a vehicle with a hidden compartment used to transport a controlled substance is a felony of the second degree.

(G) This section does not apply to any law enforcement officer acting in the performance of the law enforcement officer's duties.

(H)(1) This section does not apply to any licensed motor vehicle dealer or motor vehicle manufacturer that in the ordinary course of business repairs, purchases, receives in trade, leases, or sells a motor vehicle.

(2) This section does not impose a duty on a licensed motor vehicle dealer to know, discover, report, repair, or disclose the existence of a hidden compartment to any person.

(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.

Giant Purple Snorklewacker
Giant Purple Snorklewacker MegaDork
11/26/13 8:23 a.m.
N Sperlo wrote: Funny how they sneak the laws through before anyone notices... Oh, and I'm sure GPS was joking, but no, not even a bible will save you from this law.

Yes it will. It dispels the "intent to use it for drugs". You just say I didn't want anyone to steal my bible.

N Sperlo
N Sperlo MegaDork
11/26/13 8:25 a.m.
Giant Purple Snorklewacker wrote:
N Sperlo wrote: Funny how they sneak the laws through before anyone notices... Oh, and I'm sure GPS was joking, but no, not even a bible will save you from this law.
Yes it will. It dispels the "intent to use it for drugs". You just say I didn't want anyone to steal my bible.

Questionable. Nothing to bet a felony on.

Ref:

(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.
JamesMcD
JamesMcD HalfDork
11/26/13 8:35 a.m.

What about those magnetic boxes that you put an extra key in and stick to your frame?

Racer1ab
Racer1ab Dork
11/26/13 8:36 a.m.

According to the article I read, the troopers decided to search the car since it "reeked of marijuana" and that's when they found the odd wiring and determined it was a trap car.

The hide was activated electronically, you had to perform a certain sequence to gain access to the area. So its highly unlikely the driver had no idea it was there.

Giant Purple Snorklewacker
Giant Purple Snorklewacker MegaDork
11/26/13 8:43 a.m.

In reply to Racer1ab:

It really does not matter though does it? If I added a secret compartment to my car, bus, wall, garage for whatever reason I wanted - it isn't illegal to modify my own things for my own purposes unless I am caught using it for an illegal purpose. Any law about a compartment that defaults to an intent when empty is thought policing and presumes guilt until proven innocent. Hopefully this nonsense finds it's way to the supreme court before anyone finds the secret compartment on my shelf in a book I hollowed out where I stash project car money so the mrs doesn't find it. I'd hate to do time for Hoosiers.

Giant Purple Snorklewacker
Giant Purple Snorklewacker MegaDork
11/26/13 8:45 a.m.
N Sperlo wrote: Questionable. Nothing to bet a felony on.

Correct. Best to keep it full of black powder and steel shot. That way when someone enters the wrong sequence... there is no secret compartment :)

Rad_Capz
Rad_Capz HalfDork
11/26/13 8:46 a.m.

So now all the custom show cars that have finished trunk areas with a hidden compartment to hide their detailing products could be considered illegal?

Racer1ab
Racer1ab Dork
11/26/13 8:55 a.m.

I guess we will just have to agree to disagree. If you've added storage compartments to your track car to hold every last thing you'd need, I bet the cops wouldn't care.

When your car reeks of drugs, and the same compartment is found...well...then we have a problem. I'm assuming the driver couldn't give them a satisfactory legal reason for it to be there, so he catches a charge.

bludroptop
bludroptop SuperDork
11/26/13 8:56 a.m.
N Sperlo wrote: (I)This section does not apply... (if the hidden compartment)... does not contain a controlled substance or visible residue of a controlled substance.

Sometimes these stories have an intentional spin to elicit the indignation of a target audience.

Not saying this is one of those stories...

SVreX
SVreX MegaDork
11/26/13 8:59 a.m.

That is stupid.

Any 2 bit lawyer who got his license from a Cracker Jack box top could drive a truck through that law. By definition, he can't be found guilty.

1- The law defines a "Hidden compartment" as a container, space, or enclosure that conceals, hides, or otherwise prevents the discovery of the contents ... Therefore, an empty container (which has no contents) cannot be concealing it's contents. (Unless we are calling air a "content").

2- The liberal use of the word "intent" sprinkled throughout the law makes it virtually unprovable.

3- The last point in the law (Item "I") Says it does NOT apply if the container does not contain a controlled substance or visible residue of a controlled substance.

Completely unenforceable. You guys in OH need a few new lawmakers.

SVreX
SVreX MegaDork
11/26/13 9:02 a.m.

In reply to Racer1ab:

With all due respect, "reeking of marijuana" is not grounds for arrest under this law.

1- There MUST be controlled substance or residue in the compartment.

2- There are no laws against stinky cars or people.

3- Marijuana, in particular, has medical applications.

Racer1ab
Racer1ab Dork
11/26/13 9:06 a.m.

No, its not grounds for arrest. It gives probable cause to search the car. Which led to the discovery of odd wiring, which led to the secret compartment. Which THEN led to the arrest.

N Sperlo
N Sperlo MegaDork
11/26/13 9:09 a.m.
SVreX wrote: 1- There MUST be controlled substance or residue in the compartment.

No there doesn't.

93EXCivic
93EXCivic MegaDork
11/26/13 9:10 a.m.
Racer1ab wrote: No, its not grounds for arrest. It gives probable cause to search the car. Which led to the discovery of odd wiring, which led to the secret compartment. Which THEN led to the arrest FOR AN EMPTY berkeleyING COMPARTMENT

Fixed. Stupid laws are stupid.

N Sperlo
N Sperlo MegaDork
11/26/13 9:15 a.m.
93EXCivic wrote:
Racer1ab wrote: No, its not grounds for arrest. It gives probable cause to search the car. Which led to the discovery of odd wiring, which led to the secret compartment. Which THEN led to the arrest FOR AN EMPTY berkeleyING COMPARTMENT
Fixed. Stupid laws are stupid.

Stupid, yes, but Racer1ab and I are just twisting the law in a realistic way to piss you off.

SVreX
SVreX MegaDork
11/26/13 9:18 a.m.
N Sperlo wrote:
SVreX wrote: 1- There MUST be controlled substance or residue in the compartment.
No there doesn't.

Sure there does.

Read your post, Item "I".

If it was built for "valuables" (which all lawyers would say all containers would be), there is no guilt without substance.

N Sperlo
N Sperlo MegaDork
11/26/13 9:21 a.m.

When taken to court, it will be necessary people to distinguish the difference beyond a reasonable doubt.

This is in no way related to the specific article, but...

Secret compartment: Safe:

SVreX
SVreX MegaDork
11/26/13 9:22 a.m.

In fact, since drugs are quite "valuable", the compartment could be built for drugs, as long as there is no residue inside it when it is discovered.

"I built it for the purpose of securing my valuable drugs, but didn't have any when I was arrested."

N Sperlo
N Sperlo MegaDork
11/26/13 9:23 a.m.

HAHAHA. Ok. Thats funny.

Unfortunately you just handed them everything they needed. Be sure to plead da fif next time.

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