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Offlinetodesengel
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Registered: 08/04/05
Posts: 809
Last seen: 1 year, 3 months
Thinking back on something when I was younger
    #9389266 - 12/08/08 01:46 AM (12 years, 2 months ago)

My friend and I were walking around 9 PM at night down the street and there was a car accident that we walked by no big deal. Some cops were there cleaning the situation up. As we were walking back from the destination they stopped us and said they had reports of someone with my description shooting and playing with a gun. I was 16 at the time and I didn't have anything on me anyways so I didn't think anything of it. They searched my friend and I and found nothing.

Was this legal? Can cops lie(I am pretty sure it was an obvious lie) about anything just to search me? It was no detained search, just a simple lift up my shirt pat my pockets kinda search, not a full pat down.


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OfflineBrandon2874
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Registered: 02/27/07
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Last seen: 12 years, 2 months
Re: Thinking back on something when I was younger [Re: todesengel]
    #9389992 - 12/08/08 04:50 AM (12 years, 2 months ago)

I doubt the search was legal, and it was likely a bullshit pretense...that being said...
In the event that they did have a report of someone with a weapon I would have to sympathize with the officers legal or not. There are decent cops and shitty cops just like there are decent people and shitty people. In situations where there is the potential for a weapon to be involved I think  even good police officers are prone to act as human beings and look after their personal safety, rather than police officers and follow the letter of the law. (And I can't blame them for it)
...but likely bullshit


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Invisiblejohnm214
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Re: Thinking back on something when I was younger [Re: Brandon2874]
    #9390143 - 12/08/08 05:56 AM (12 years, 2 months ago)

It would likely be ruled legal at least as to you if they said that in court and the judged believed them.  If you could show they didn't have any reasonable suspicion that you were posing a danger to anyone, however; it was likely illegal.

The problem is what are you going to do about it?  Courts seem to not care, and the police dept's usually do nothing even if you're clearly in the right.  You'd have to sue.

I don't know what the guy above me's point is though.  You want cops using their own judgment rather than the law's?  Its ok if its a good cause?  Some people think killing drug users and adulterer's are a good cause.


"a weapon involved" is a low standard.  Carrying a gun around is not illegal (may have been for them at that time, don't know)

Somehow people get all afraid when a citizen carries a gun or large tree branch but they don't care when the cops run around with a small arsenal on their person.  I know which one I'm more afraid of.  Never had someone point a gun at me except for a cop.  There's my answer.


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InvisibleStonehenge
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Re: Thinking back on something when I was younger [Re: johnm214]
    #9391765 - 12/08/08 02:05 PM (12 years, 2 months ago)

This would be a classic Terry stop and yes it's perfectly legal including the pat down. If the cop lied about the report of someone with a gun, they are breaking regulations. But making a complaint about that will get you nowhere. Since nothing was found, don't worry about it.


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OfflineAlan RockefellerM
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Re: Thinking back on something when I was younger [Re: todesengel]
    #9393335 - 12/08/08 06:19 PM (12 years, 2 months ago)

Unfortunately the cops do have the right to go around stopping random people in the area that a crime is committed.  And if they notice anything illegal they can use it against you.

The right thing to say is "Officer, are you detaining me or am I free to leave?" 

At least that way they will have to prove that the detention was justified if they do end up charging you with something.  Your lawyer will make sure you actually match the description of the suspect and that not too much time has passed where it would be silly to assume that the suspect is still in the area.

I have heard of cops getting a report of a kid with a BB gun, then they go around all afternoon searching people.


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