Home | Community | Message Board

Kratom Eye
This site includes paid links. Please support our sponsors.


Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Shop: PhytoExtractum Maeng Da Thai Kratom Leaf Powder   Kraken Kratom Red Vein Kratom

Jump to first unread post Pages: 1
Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (Iowa)
    #7967668 - 02/02/08 05:29 AM (15 years, 11 months ago)

What kinda bullshit is this? How could this be justified? A terry stop is to determine if a suspected no-count is harboring weapons able to do immediate harm to the officer (or the public in some cases). Check my sticky thread in this forum for brief info.


So what is the goal of a shoe search? Clearly to find money or drugs. If a knife was in there, it surely wasn't an immediate threat to the officer:

Quote:

Under the totality of the circumstances we find Sergeant Skaff’s further
search inside Morton’s shoes exceeded the permissible scope of a protective
search for weapons. Sergeant Skaff did not notice any suspicious movements or
activity by Givens or Morton. Sergeant Skaff was not alone when he approached
the car. There were three other officers present during the stop. He testified that
Morton and Givens were both very compliant and cooperative throughout the
traffic stop. Skaff did testify that he has encountered persons who hide knives in
their shoes but did not explain why he suspected Morton might have a weapon
inside his shoes. Although we are keenly aware of the need for officers to
conduct protective searches, under the facts of this case, we cannot identify any
circumstances that would raise a reasonable suspicion that Morton was carrying a weapon inside his shoes. Sergeant Skaff exceeded the permissible scope of a
protective weapons search when he continued beyond a patdown of the outer
clothing without any circumstances indicating Morton was concealing a weapon.




http://www.judicial.state.ia.us/court_of_appeals/Recent_Opinions/20080130/7-955.pdf



The sad thing is that this case cites other cases where shoe searching was held to be reasonable as a search for knives. What bullshit...

Oh, and the trial court allowed it!


Extras: Filter Print Post Top
Offlineshroomtrip
Stranger
Registered: 01/20/08
Posts: 2
Last seen: 9 years, 3 months
Re: Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (I [Re: johnm214]
    #8008275 - 02/11/08 11:02 AM (15 years, 11 months ago)

This was not justified. The district court erred in overruling the motion to suppress evidence. His conviction was reversed. :thumbup:


Quote:

We cannot conclude that Morton’s kicking off his shoes upon Sergeant Skaff’s request was implied consent to conduct the search. Although Sergeant Skaff was friendly and polite during the encounter, asking “Can you kick your shoes off?,” his politeness does not transform the situation into a voluntary exchange. Sergeant Skaff’s requests cannot be isolated from his mandate moments earlier that “I gotta pat you down real quick buddy.” To the average person, the request to remove one’s shoes would be part of the patdown rather than a separate request for consent to expand the search for weapons. Under these circumstances, we find Morton did not give consent to the search by kicking off his shoes after the Sergeant’s request.
V. CONCLUSION.
The district court erred in overruling Morton’s motion to suppress evidence. Sergeant Skaff exceeded the scope of a protective weapons search by requesting Morton remove his shoes without a reasonable belief that Morton was concealing a weapon in them. Since the request was made under the assertion of authority to conduct a patdown, Morton’s compliance with the request was not voluntary consent to the search. We reverse Morton’s conviction and remand for proceedings consistent with this opinion.
REVERSED AND REMANDED."




Extras: Filter Print Post Top
OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
Re: Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (I [Re: shroomtrip]
    #8008588 - 02/11/08 12:13 PM (15 years, 11 months ago)

> His conviction was reversed. :thumbup:

How many hours did he spend detained of his freedom?  How much money did it cost him to regain his freedom after a sworn officer violated the suspect's civil rights?  What happened to the cop to deter this sort of violation in the future?


--------------------
Just another spore in the wind.


Extras: Filter Print Post Top
Invisiblejohnm214
Male User Gallery

Folding@home Statistics
Registered: 05/31/07
Posts: 17,582
Loc: Americas
Re: Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (I [Re: Seuss]
    #8008646 - 02/11/08 12:31 PM (15 years, 11 months ago)

Quote:

Seuss said:
> His conviction was reversed. :thumbup:

How many hours did he spend detained of his freedom?  How much money did it cost him to regain his freedom after a sworn officer violated the suspect's civil rights?  What happened to the cop to deter this sort of violation in the future?




yep yep

prolly lost no money out of pocket, just earning potential, perhaps signifigant depending on his employment prior to the arrest


and yeah, the cop won't get shit..  Since their are cases where courts have upheld terry stops w/ shoe searches, you can't really say his actions were clearly unreasonable to any reasonable officer's mind, which is generally the hurdle to cross to sustain a sec. 1983 civil rights claim over a sovereign immunity defense.

So this guy will get nothing, the officer will have no reprocusions, and even if the guy did beat teh sovereign immunity challenge, he might be screwed by the unclean hands doctrine- since he was in the wrong, legally.


Extras: Filter Print Post Top
Offlineshroomtrip
Stranger
Registered: 01/20/08
Posts: 2
Last seen: 9 years, 3 months
Re: Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (I [Re: Seuss]
    #8008971 - 02/11/08 02:14 PM (15 years, 11 months ago)

Quote:

Seuss said:
> His conviction was reversed. :thumbup:

How many hours did he spend detained of his freedom?  How much money did it cost him to regain his freedom after a sworn officer violated the suspect's civil rights?  What happened to the cop to deter this sort of violation in the future?




Unfortunately, I'm sure this guy easily lost thousands of dollars and spent countless hours dealing with this incident. It is complete BS! In the end, at least he won and the judge decided that this was not acceptable by the officer and reversed the conviction. This is good  for future incidents where officers may ask suspects to remove their shoes where no reasonable suspicion is present.


Extras: Filter Print Post Top
OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 2 months, 20 days
Re: Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (I [Re: shroomtrip]
    #8012016 - 02/12/08 04:35 AM (15 years, 11 months ago)

What happens in the following:

Cop: Can I search your real quick to ensure that you don't have any weapnons
Me: No. I don't have any weapons. Unless I am being detained, I would like to leave now. If I am being detained, then please handcuff me, rather than searching me, if that helps you feel safer.

I know... cops don't have to ask before a Terry 'stop' (search), but they usually do anyway (in my experience). I would rather the cop escalate the encounter to a detainment than to have the cop violate my 4th amendment rights. Besides, in the case where a cop is searching, I am already being detained and would honestly rather be "hooked" than searched.

I also know this would set off alarms for the cop and would end up in a larger waste of my time. But it also makes a statement, and to me that is important.


--------------------
Just another spore in the wind.


Extras: Filter Print Post Top
OfflineAlan RockefellerM
Mycologist
Male User Gallery

Registered: 03/10/07
Posts: 48,276
Last seen: 1 hour, 42 minutes
Re: Terry stop unreasonable when officer searches suspect's shoes absent particularized suspicoun (I [Re: Seuss]
    #8013351 - 02/12/08 01:34 PM (15 years, 11 months ago)

> I would rather the cop escalate the encounter to a detainment than to have the cop violate my 4th amendment rights.

Also, once they detain you, they owe you some paperwork.

A friend of mine used to act extra suspicious whenever he saw a cop so he would get detained, then he would demand the paperwork, and they would have to fill out a long form entitled "field contact report".

He now has quite a collection of field contact reports and all the cops in the city know him very well, they all talk about him at the station. After word got around the cops stopped falling for it, they would mumble something about libertarians and drive off.


Extras: Filter Print Post Top
Jump to top Pages: 1

Shop: PhytoExtractum Maeng Da Thai Kratom Leaf Powder   Kraken Kratom Red Vein Kratom


Similar ThreadsPosterViewsRepliesLast post
* Was I illegally searched by the cop? snaxstix 1,738 15 04/05/04 07:17 AM
by Seuss
* cops/search warrants Anonymous 1,261 2 03/29/04 11:04 AM
by Seuss
* car searches John 1,608 13 04/02/04 01:36 PM
by John
* the cop's arm span search
( 1 2 all )
four20snakeman 4,645 25 01/29/04 03:11 PM
by Magus
* Court Opens Door To Searches Without Warrants
( 1 2 all )
valour 2,583 22 03/30/04 09:58 PM
by JuanMatus
* Search Warrant etard 2,412 17 10/22/03 11:35 AM
by downforpot
* Post Office X-Rays? Mighty Bop 579 2 07/21/04 07:48 AM
by Lana
* how to clear search history boxes? thePatient 4,572 9 12/12/03 11:29 PM
by Pinhead

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: Enlil, Alan Rockefeller
784 topic views. 0 members, 1 guests and 0 web crawlers are browsing this forum.
[ Show Images Only | Sort by Score | Print Topic ]
Search this thread:

Copyright 1997-2024 Mind Media. Some rights reserved.

Generated in 0.027 seconds spending 0.008 seconds on 15 queries.