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> Interesting search and seizure situation
pebkac
post Jun 10 2007, 09:31 PM
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http://blog.wired.com/27bstroke6/2007/06/a...ls_court_r.html

Ok,

1) This basically gives the police the right to wiretap or search anyone without a warrant.

2) This is definitely not the right way for our police to operate even if it is constitutional. I mean, imagine if someone had been hurt. At the very minimum, our tax dollars are going to fix the car the police just damaged.


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James
post Jun 10 2007, 09:54 PM
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1) Police have always had this right to search without a warrant.

2) Our tax dollars are going to put this guy in jail, not fix his car. I highly doubt anyone was in any danger. Police officers have more driving experience than anyone else I can think of short of truckers, but that's a different kind of driving. It's a clever way to accomplish what needed to be accomplished without jeopardizing the rest of the case. Never thought I'd see innovation come out of a police department, even if it's at the federal level laugh.gif


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GOB
post Jun 10 2007, 09:57 PM
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that's ridiculous, it was 100% overkill.

QUOTE
Second, they wanted to protect the anonymity of the ongoing investigation -- another vital objective.

this is retarded. they could have just had a normal cruiser pull them over for something dumb and then searched.
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James
post Jun 10 2007, 10:00 PM
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If you had a car load of drugs and knew you weren't speeding, your tail lights were working, seatbelt was on, and whatever else, would you stop or would you speed up and make them chase you and hope to get away...yeah.


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GOB
post Jun 10 2007, 10:02 PM
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QUOTE (James @ Jun 10 2007, 11:00 PM) *
If you had a car load of drugs and knew you weren't speeding, your tail lights were working, seatbelt was on, and whatever else, would you stop or would you speed up and make them chase you and hope to get away...yeah.

true, but i might also speed off if involved in an accident while transporting drugs.
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pebkac
post Jun 10 2007, 10:03 PM
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QUOTE (James @ Jun 10 2007, 10:54 PM) *
1) Police have always had this right to search without a warrant.

2) Our tax dollars are going to put this guy in jail, not fix his car. I highly doubt anyone was in any danger. Police officers have more driving experience than anyone else I can think of short of truckers, but that's a different kind of driving. It's a clever way to accomplish what needed to be accomplished without jeopardizing the rest of the case. Never thought I'd see innovation come out of a police department, even if it's at the federal level laugh.gif


No, cops being able to search a car without a warrant is a fairly new thing. I mean, warrants ARE in the constitution. And even now, those searches are only under certain circumstances and with probable cause. For example, a cop can pull you over if you have a broken tail light and search you if he feels he has probable cause.

This case is more of an example of a cop breaking the tail light and then pulling them over for the broken tail light.


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QUOTE (Spectatrix @ Oct 13 2006, 09:51 PM) *
Holy shit, pebkac, you're awesome!



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James
post Jun 10 2007, 10:04 PM
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That's interesting you should mention that because it seems like the car was pinned after the one behind it rear ended them. So how'd the cop manage to "steal" it. Their plan obviously planned on pinning them to keep them from running off like you mentioned.


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James
post Jun 10 2007, 10:05 PM
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QUOTE (pebkac @ Jun 10 2007, 11:03 PM) *
No, cops being able to search a car without a warrant is a fairly new thing. I mean, warrants ARE in the constitution. And even now, those searches are only under certain circumstances and with probable cause. For example, a cop can pull you over if you have a broken tail light and search you if he feels he has probable cause.

This case is more of an example of a cop breaking the tail light and then pulling them over for the broken tail light.


As I said, cops have always been able to search without a warrant.


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GOB
post Jun 10 2007, 10:08 PM
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QUOTE (pebkac @ Jun 10 2007, 11:03 PM) *
This case is more of an example of a cop breaking the tail light and then pulling them over for the broken tail light.

yeah, seems like entrapment
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pebkac
post Jun 10 2007, 11:08 PM
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QUOTE (James @ Jun 10 2007, 11:05 PM) *
As I said, cops have always been able to search without a warrant.


No... they haven't.


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QUOTE (Spectatrix @ Oct 13 2006, 09:51 PM) *
Holy shit, pebkac, you're awesome!



"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." - Theodor Seuss Geisel (AKA Dr. Seuss)

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chook
post Jun 11 2007, 12:39 AM
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It court is has been upheld that a warrent is not needed if impending information is known by authorities. This is like the retroactive warrents on the federal level, but involves a criminal case and not just the warrent.


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Divergent Realit...
post Jun 11 2007, 08:10 AM
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QUOTE (pebkac @ Jun 11 2007, 12:08 AM) *
No... they haven't.


probably cause is enough to search without a warrant.

like in lubbock, if i were to walk around my apartment complex in full bdsm gear then the lubbock police could search my apartment on probable cause that i have more than six of the same sexually oriented item.

ooooooooor if i get pulled over for driving funny and my car smells of weed.


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James
post Jun 11 2007, 08:23 AM
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QUOTE (Divergent Reality @ Jun 11 2007, 09:10 AM) *
probably cause is enough to search without a warrant.

like in lubbock, if i were to walk around my apartment complex in full bdsm gear then the lubbock police could search my apartment on probable cause that i have more than six of the same sexually oriented item.

ooooooooor if i get pulled over for driving funny and my car smells of weed.

OMG! NO THEY HAVEN'T! laugh.gif


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pysex
post Jun 11 2007, 10:25 AM
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QUOTE (Divergent Reality @ Jun 11 2007, 09:10 AM) *
probably cause is enough to search without a warrant.

like in lubbock, if i were to walk around my apartment complex in full bdsm gear then the lubbock police could search my apartment on probable cause that i have more than six of the same sexually oriented item.

ooooooooor if i get pulled over for driving funny and my car smells of weed.


NICK!

NOT AGAIN!

Didn't we tell you last time they'd get pissed!


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Divergent Realit...
post Jun 11 2007, 03:06 PM
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but its so snug and comfortable...


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