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Ruling challenges cops. Court decision puts an end to many vehicle searches
Knoxs News ^ | 01/24/2010 | Knoxs News

Posted on 01/24/2010 4:44:20 PM PST by The Magical Mischief Tour

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To: grand wazoo
Anyone who pleads the "fifth" is automatically thought to be guilty.

Sometimes seems that way. Couple months ago a couple US Marshals came to my door looking for someone I happen to know. The person was not here and indeed I would have gladly kicked her out the door into their hands if she were.

But these guys didn't believe me and asked if they could come in and check just to be sure. I said sure if they had a warrant. They said they didn't. I said tell ya what I'll do, I'll go get her phone number and y'all can just call her and ask her where she is, and I went inside, locked the door behind me, got the number, went back out and gave it to them.

Still not satisfied that I would not allow them to enter without process there came the what am I hiding accusations and eventually the old easy way / hard way line and I said hard way. Added I was going to put up with their crap no longer and at the moment they had exhausted their authority to trespass and right over there was the road so pound it. Oh I said lots of other things that I won't repeat in this forum but the jist is there I believe.

101 posted on 01/25/2010 10:46:48 PM PST by Clinging Bitterly (We need to limit officeholders to two terms. One in office, and one in prison.)
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To: Clinging Bitterly
Hmm, perhaps it should be a crime for cops to disobey the law. Wonder if that would help?

LOL. You funny.

102 posted on 01/26/2010 6:32:20 AM PST by Still Thinking (Quis custodiet ipsos custodes?)
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To: alice_in_bubbaland
Motorists rather pay the ticket than take the day off work to fight them.

Right.

103 posted on 01/26/2010 6:45:24 AM PST by TankerKC (But I used spell cheque.)
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To: DariusBane
They have not just severely damaged their cases, they have severely damaged their credibility in the communities they are a part of. As soon as the relationship with the law abiding people that hire them becomes intrinsically adversarial, we all lose.

Post of the day.

104 posted on 01/26/2010 6:49:52 AM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: sig226; kempo
Can you also search the contents of the person’s home, since he’s in custody and someone might steal something if he’s not there?

Well...sure. /s

105 posted on 01/26/2010 6:53:08 AM PST by TankerKC (But I used spell cheque.)
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To: Drew68

No kidding. Very odd split. I find I’m almost always on the same side as Thomas. True in this case, too, and I agreed with his contention in his dissenting opinion that anonymous speech was also protected speech in the earlier decision.


106 posted on 01/26/2010 6:53:30 AM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: grand wazoo

Interesting list. It should include military service.


107 posted on 01/26/2010 6:58:07 AM PST by bvw
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To: Boucheau
When it comes to oppressive, big government, these guys and gals are the tip-of-the-spear.

It is curious to me that so many small government conservatives don't realize this.

108 posted on 01/26/2010 6:59:54 AM PST by TankerKC (But I used spell cheque.)
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To: kempo
The tax payer will not be responsible if the officer does his job and releases the vehicle to the towing company. If he doesn’t yes the tax payer, YOU, have to pay for a lawsuit.

I'm not sure I understand the need to tow the car. As an example…say I was pulled over for a traffic violation and it turns out I have an arrest warrant. If I was pulled over in an area where a parking was allowed, why couldn’t the car just sit there until I can come back to get it (or until I can make arrangements)?

Maybe I’m off, but I think it is just a nice way to “spread the wealth” with towing companies.

109 posted on 01/26/2010 7:04:21 AM PST by TankerKC (But I used spell cheque.)
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To: Abundy
I work with a lot of cops.

I get pretty disgusted with the attitudes of some of them. I mentioned something about the difficulty of handcuffing an obese person to one, and he grinned and said, "Oh, you just twist it far enough and they'll cuff." He also talked about the fun of taking a person face down and picking them up by their handcuffed wrists. This causes a lot of pain and can cause dislocation of the shoulder.

The use of minor traffic violations to conduct fishing expeditions is a common tactic, in which probable cause was frequently stretched so far as to be incomprehensible. There was a recent case in Irving, TX, where a cop stopped a girl because she pulled into the white area when stopping for a red light. She was handcuffed and taken to jail for not having proof of insurance. In small town Texas, I've been pulled over for license plate light out, the dealer emblem that holds the license plate on covered more than 1/2" of the edge of the plate, blinker only blinked twice when changing lanes and "What are you doing out after 11:00 PM?." I'm in my fifties by the way, and these were all different stops. Every one of these was a bored small town cop on a fishing trip. I have also seen a BUNCH of people stopped for the offense of driving while Black, and yeah, it happens.

110 posted on 01/26/2010 7:11:42 AM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: umbagi
The impounding and/or arrest must be legal, of course, and not a pretext to trigger a search...

And therein lies the rub. Good cops do their job. Bad cops screw it up for good cops.

111 posted on 01/26/2010 7:25:16 AM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: zeugma

Statistics are funny sometimes.

Alot of people say that since police fatalities aren’t as high, or in the top 10 as other occupations, that it’s not that dangerous.

I was just reading some statistics myself. I read that 2 police officers are shot every day. Some probably even negligently shoot themselves like that one ATF officer did while talking to a bunch of kids.

3000 officers have been saved by their vests since vests have been around. Vests are the primary reason more of us are still alive. My first 8 years on the job I didn’t have a vest. I still don’t like them.

70,000 officers are assaulted every year. About 1 in 10. I think this is low. I’ve lost count of how many times I’ve been assaulted. I’ve had to go to the hospital several times for treatment and am currently recovering from a surgery I had because of an on duty accident.

This is my 3rd duty related surgery.

Having been a cop for going on 25 years has been quite an experience. I should have taken advice from people and written a book. All cops could write a book.

You don’t get much thanks. And I don’t look for it. I’ve chosen to do the job and I could have taken another. I’ve worked in several different occupations and done well at them all. I owned my own business. Hell, we don’t even get free donuts anymore.

I know there are bad cops, I’ve seen about a dozen from my department go to jail. And we just had the DOJ come and investigate our dept. But there are also alot of good cops. It bothers me sometimes the lack of respect or recognition they get for doing this job day in and day out. You just get lumped in with all the bad cop stories.

I’ve also been on the recieving end of bogus lawsuits and newspaper lies and bias. In the end I came out on top, but somehow the newspapers didn’t see fit to print that part.

Oh well. All part of the game.

All in all, I’ve been proud to be a public servant. That’s been the best part of it, remembering and focusing on the servant aspect of it all.


112 posted on 01/26/2010 8:46:51 AM PST by Cap'n Crunch (Rush Limbaugh, the Winston Churchill of our time)
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To: Richard Kimball

blah, blah, blah

yeah..there are bad cops.

hell, there are bad prosecutors

and there are damn sure criminals who will attack a cop

I actually support legalization of all drugs...that eliminates the necessity for this entire thread and debate

all I’m saying on this thread, if you re-read what i’ve posted, is that there has been bad law and an expansion of the Carroll Doctrine and the Terry Stop case law based on two things, the WOSomeD and officer’s safety

don’t freaking shoot the legal interpreter

we are asking police officers to do more and more paramilitary/social work/out of their lane duties and we are seeing the results of that expansion of government

at the end of the day (I F#$king hate that expression) the bottom line is that 99% of police officers are good people like you and I, stockpiling guns and ammo, clinging to their guns and religion and don’t deserve to get hurt by some freaking thug

I’m just sayin...


113 posted on 01/26/2010 10:06:01 AM PST by Abundy
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To: Abundy

I’ve never met any bad prosecutors. Then again I’ve managed to keep myself sitting at the right table.

Long time no see. Hope all is well in Maryland. I can retire now any time I want to. Probably gotta do two more years, but I can see the light.

My next Guiness will be raised to your health.


114 posted on 01/26/2010 11:30:36 AM PST by Cap'n Crunch (Rush Limbaugh, the Winston Churchill of our time)
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To: Cap'n Crunch
I know there are bad cops, I’ve seen about a dozen from my department go to jail. And we just had the DOJ come and investigate our dept.

And the hassle is one bad cop can do a ton of damage.

115 posted on 01/26/2010 11:35:25 AM PST by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: Richard Kimball

Too true.


116 posted on 01/26/2010 12:43:40 PM PST by Cap'n Crunch (Rush Limbaugh, the Winston Churchill of our time)
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