Some of us over here at the OC Metroblog are returning from a Vegas trip a little light in our wallets but at least we still have our laptops (wait, I think we lost them along with our shorts at the Craps tables). When I checked my e-mail this afternoon Sean Bonner (the “father” of the Metroblogs) forwarded us an e-mail from Wil Wheaton regarding a blog post from Posh of the Suicide Girls being cited on an OCTA bus.

Apparently Posh was cited for wearing both sets of headphones in her ears along with a fellow passenger by an Undercover and a uniformed deputy. I didn’t even know that was illegal? I know that a person cannot wear headphones/earplugs (California Code Section 27400) in both ears while operating a motor vehicle and I know that a person can be searched on public transit (United States v. Drayton). As for a search, Florida v. Bostick states that a reasonable person should feel like they can decline a search by a peace officer on a bus if they are asked under their fourth amendment rights.

From the sound of the situation on the bus, the Deputies were looking to make examples of people to show other offenders that there is an undercover presence on the OCTA buses. The actions of citing people who were wearing headphones sounds like they took the “Zero- Tolerance” approach way too far. Posh was able to get an explanation on why the Undercovers acted the way that they did, apparently they cited her to possibly show others that undercover deputies ride the bus. I thought the whole point of being undercover was so that people don’t know that your there, this just doesn’t make any sense from the Sheriff’s department (although, this is Orange County, sometimes political thinking doesn’t make sense as well.)

California Code Section 27400 only pertains to headphones while driving; this does not extend to public transportation. In a guide that the OCTA publishes concerning bike riders, they cite section 27400 but this is to those who are riding a bike. So those of you who are wearing Oakley Thumps while biking to work in the morning are breaking the law.

Posh contacted the OCTA Customer Service line after the incident took place. While the OCTA customer service operator apologized for the incident and took her number so the chief of security could contact her, she has still not received a formal apology. OCTA customer service also stated that the undercovers were given wrong information that morning.

As for the part where the Deputy quizzed her on why she is in the country when she showed her Canadian ID that may soon become another issue in itself as the OCSD may start working with Immigration and Customs Enforcement to enforce federal laws at the local level (don’t even get me started on how bad of an idea that is).