Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-116 next last
To: Abundy
do you want your tax dollars going to pay an award to some scumbag who sued the police department saying that he/she had jewelry in their impounded vehicle that is now missing?

Why is someone a scumbag if they sue the police for missing valuables?

There is an easy solution to all of this. Don't impound the car.

41 posted on 01/24/2010 6:01:36 PM PST by grand wazoo
[ Post Reply | Private Reply | To 39 | View Replies]

To: grand wazoo
And leave out on the road so someone can steal it. You got alot to learn son. All of this has been gone over a million times.
42 posted on 01/24/2010 6:05:26 PM PST by kempo
[ Post Reply | Private Reply | To 41 | View Replies]

To: alice_in_bubbaland

Your daughter should file a complaint against the foul-mouthed cop who swore at her. She shouldn’t have to tolerate that nonsense.

On an episode of COPS that I watched recently, a police officer pulled over a nurse for a traffic violation. She was wearing her scrubs and was enroute to her job at a local hospital. The cop let her go, saying to the camera: “I never give tickets to nurses. Someday, I might find myself in the emergency room.” I guess he didn’t want someone who was mad at him trying to save his life! As an EMT, I’m surprised the cop who pulled over your daughter didn’t think of this possibility.

I hope your son challenged his ticket....if his light wasn’t burned out, the cop should not have pulled him over in the first place.


43 posted on 01/24/2010 6:10:34 PM PST by july4thfreedomfoundation (The first American Revolution started in Massachusetts. So did the second one, on January 19, 2010!)
[ Post Reply | Private Reply | To 26 | View Replies]

To: The Magical Mischief Tour

I always love the line in response to a refusal...

“If you have nothing to hide, then you don’t mind if we look then?”

My response: “I still have nothing to hide, but my privacy!”

“I do not concent to a search of my vehicle, amd I free to go?”

Just remember, if you get pulled over, and you are asked to exit your vehicle...Get out safely, close your door (windows up) and lock all the doors at that time...Pocket the keys and do not give them up...

If you do not have anything to hide, you certainly have everything to protect...No matter how nice everyone is in the encounter...

Remember, in most cases everything is recorded during a “stop”...So what you say is just as important as what they ask of you...

It takes practice, but as much as I am a fan of Law Enforcement, you need to be able to give them no reason at all to even broach the subject of un-warranted searches...


44 posted on 01/24/2010 6:11:03 PM PST by stevie_d_64 (I'm jus sayin')
[ Post Reply | Private Reply | To 1 | View Replies]

To: SunkenCiv

Yet.


45 posted on 01/24/2010 6:12:20 PM PST by Blue Collar Christian (A "tea bagger"? Say it to my face. ><BCC>)
[ Post Reply | Private Reply | To 23 | View Replies]

To: yarddog

Cops want you to believe their jobs are the most dangerous in the world, when infact the stats show that their job is infact one of the safest. Cab driver and liquor store clerk’s are many more times likely to be assaulted, shot and killed while at work than a police officer.

Plus, another side to that coin. Last year 120 cops died in the line of duty, the majority were killed in traffic related accidents where 20 to 25% the cops were the at fault driver. Usually failure to use “due regard” when responding to an emergency call. And only 42 were shot, but yet 258 people were killed by law enforcement in connection with alleged instances of misconduct or crimes. Incidents where disciplinary actions or charges were filed against the cops.

So one might argue that its more deadly to be a civilian in a civilian-law enforcement encounter than the other way around.


46 posted on 01/24/2010 6:13:31 PM PST by The Magical Mischief Tour
[ Post Reply | Private Reply | To 40 | View Replies]

To: yarddog
Police work doesn't make the top ten most dangerous jobs.

Top 10 Most Dangerous Jobs

Every once in a while they slip in at number 10, but they are far more likely to be killed in an auto accident than they are at the hands of a criminal.

47 posted on 01/24/2010 6:16:01 PM PST by grand wazoo
[ Post Reply | Private Reply | To 40 | View Replies]

To: kempo
And leave out on the road so someone can steal it. You got alot to learn son. All of this has been gone over a million times.

They don't park cars at the side of the road where you're from?

PS It's a lot not alot. OK boy?

48 posted on 01/24/2010 6:20:50 PM PST by grand wazoo
[ Post Reply | Private Reply | To 42 | View Replies]

To: grand wazoo

Ok let me explain this to you like I would a 3 year old. When you take someone into custody you are responsible for the safety of their property. If someone steals it, yes things are stolen along side the road, you are responsible for it. Now, class dismissed.


49 posted on 01/24/2010 6:27:32 PM PST by kempo
[ Post Reply | Private Reply | To 48 | View Replies]

To: Abundy

Assuming the person with a minor traffic violation was not combative or threatening to the officer, how am I wrong?


50 posted on 01/24/2010 6:30:44 PM PST by mtrott
[ Post Reply | Private Reply | To 34 | View Replies]

To: kempo

No, the taxpayer is responsible for it, not the cops. If you are going to lie, officer, lie convincingly.


51 posted on 01/24/2010 6:31:38 PM PST by ex 98C MI Dude (All of my hate cannot be found, I will not be drowned by your constant scheming)
[ Post Reply | Private Reply | To 49 | View Replies]

To: The Magical Mischief Tour
This doesn't mean much, all an officer has to do is he “thought” he smelled something, or the perp appeared nervous or the car was similar to one they were looking for or one of a thousand lies that will be made up on the spot.

I suspect there will shortly be a massive up-tick in drug paraphernalia suddenly appearing on the dash or in the back seat of any stopped car.

In other words, easily manufactured probably cause.

52 posted on 01/24/2010 6:31:41 PM PST by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: thefactor
Once the cops take possession of the car they should be allowed to take a look through it.

That's an "inventory search," not a "search incident to arrest," and they're completely different things. They have the right to inventory the contents of the car when it's impounded (and to inventory the defendant's pockets, for that matter, after any arrest), and can use anything they find. The impounding and/or arrest must be legal, of course, and not a pretext to trigger a search...

53 posted on 01/24/2010 6:32:01 PM PST by umbagi (Who is Jim Thompson?)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Dr.Zoidberg

er probable cause.

“Proof readers needed, apply within.”


54 posted on 01/24/2010 6:33:09 PM PST by Dr.Zoidberg (Warning: Sarcasm/humor is always engaged. Failure to recognize this may lead to misunderstandings.)
[ Post Reply | Private Reply | To 52 | View Replies]

To: The Magical Mischief Tour

Damn good turn of events!

Reign-in the cops before it gets downright ugly in this country.

Now, if we can somehow stop the tazing of old people, kids, and cripples, then we’d be heading in the right direction.

When it comes to oppressive, big government, these guys and gals are the tip-of-the-spear. I respect them, and I’m grateful for what they do, but I fear them just as much—because of who’s orders they must follow. We have to be very careful at this juncture, methinks.

If a revolution is to begin, it will likely be ignited by the acts of law enforcement against civilians.

The coming months and years are going to be intense. I hope this is a part of ‘big picture’ planning by law enforcement.


55 posted on 01/24/2010 6:34:36 PM PST by Boucheau
[ Post Reply | Private Reply | To 1 | View Replies]

To: alice_in_bubbaland

Wow, woulda thought you were from Texas.


56 posted on 01/24/2010 6:38:24 PM PST by Eagle Eye (The last thing I want to do is hurt you, but it is still on my list.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: thefactor

What you describe isn’t what they’re talking about.

Asset forfeiture laws have given cops incentive to use any occasion for on the spot detention and a subsequent fishing expedition.


57 posted on 01/24/2010 6:41:23 PM PST by Eagle Eye (The last thing I want to do is hurt you, but it is still on my list.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: ex 98C MI Dude

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.


58 posted on 01/24/2010 6:43:05 PM PST by kempo
[ Post Reply | Private Reply | To 51 | View Replies]

To: SunkenCiv

Seen a lot of this in Mass and States down South, in my wanderings. Pull a guy over for a speeding violation, looks “Hinky” search the vehicle. Piss the cop off he does a drop during a search, you go down. Good Ruling.


59 posted on 01/24/2010 6:45:45 PM PST by Little Bill (Carol Che-Porter is a MOONBAT.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: thefactor

Get a warrant, an inventory is a search. How do you inventory without a search, logical impossibility.


60 posted on 01/24/2010 6:52:55 PM PST by Little Bill (Carol Che-Porter is a MOONBAT.)
[ Post Reply | Private Reply | To 27 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 101-116 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson