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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: What's The Legality With K9s? ? ? [Re: fastfred]
#10328526 - 05/12/09 05:50 PM (15 years, 10 days ago) |
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Yeah they're dumb, which is quite often how they slip up. What's disgusting is how the courts ignore it when the cops lie. I totally busted, beyond a shadow of a doubt, a cop lieing in a speeding case. Magistrate didn't care.
But I didn't say they didn't need any reason, was just saying they didn't need probable cause.
They can do a terry stop. Yeah its bullshit to think "hmm, that guy driving away from me might have a weapon and be about to attack me! To keep myself safe I will initiate contact rather than let him go...." but they do it and the courts allow it.
Quote:
The Supreme Court has become increasingly permissive regarding what constitutes reasonable suspicion. In Alabama v. White, 496 U.S. 325, 110 S. Ct. 2412, 110 L. Ed. 2d 301 (1990), the Court upheld a Terry stop of an automobile based solely on an anonymous tip that described a certain car that would be at a specific location. Police went to the site, found the vehicle, and detained the driver. The police then found marijuana and cocaine in the automobile. The Court observed that it was a "close case" but concluded that the tip and its corroboration were sufficiently reliable to justify the investigatory stop that ultimately led to the arrest of the driver and the seizure of the drugs.
Read more: "Stop and Frisk - Further Readings" - http://law.jrank.org/pages/10536/Stop-Frisk.html#ixzz0FL5OCjb8&A
http://law.jrank.org/pages/10536/Stop-Frisk.html
(haven't checked the case, but comports with the bullshit I've seen)
The courts basically worship "officer safety" but it totally makes no sense. If they need to search a suspect to make sure they aren't armed while the police talk to him, how can the search become the impetus for the entire stop? It makes no sense- if the person doesn't consent to being stopped then their is no grounds since the entire justification is that the officer should be safe during his talk with the suspect- if there is no talk there is no justification.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: What's The Legality With K9s? ? ? [Re: johnm214]
#10331835 - 05/13/09 11:18 AM (15 years, 9 days ago) |
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Sounds like they had a corroborated tip in that case. That's a little different from just randomly stopping people for a terry search.
-FF
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79towncar
Stranger
Registered: 12/11/08
Posts: 310
Last seen: 11 years, 2 months
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Re: What's The Legality With K9s? ? ? [Re: fastfred]
#10332675 - 05/13/09 02:23 PM (15 years, 9 days ago) |
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SEUSS- A friend of mine was driving a stolen a car and got pulled over on a big highway up here. It was at night and an officer got out of his car and held a gun on my friend and his friend. As they were about to get out of the car a drunk driver slammed into the back of the police cruiser.. The 2 guys driving the stolen car took off hoped on the nearest exit and fled on foot.. They both got away but later were apprehended for another stolen car theft. But this fits into the scenario you mentioned earlier about a cop always searching a car when giving consent. They will always try and search a car if they suspect you of anything.
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