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To: BlueStateDepression
It is the "as if" part I take issue with. Please don't get me wrong I do not seek to remove the protection from improper searches. I simply offer that there are better ways to insure that and more proper punishments for those that will search improperly.

A cop can stop and search anyone he or she wants to based on reasonable suspicion, that is, a reasonable belief based on specific and articulable facts, that a person is about to commit, is commiting, or has committed a crime. Call it a hunch that you could explain to a reasonable person, if you will.

Giving police the power to search based on a hunch alone would be extremely dangerous. Since a hunch is not based on a reasonable belief, or on articulable facts, a hunch could be anything you wanted to be. In a perfect world a hunch would be justified, but in the real world, a justified, unarticulable hunch is no different from a race-based hunch or a prejudice-based hunch or simply an asshole-based hunch.


29 posted on 05/31/2006 9:39:14 AM PDT by 54-46 Was My Number (Right now, somebody else got that number)
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To: 54-46 Was My Number

If they are held accountable to punishment when their hunch doesn't turn out the way they thought it would what is the danger?

I in no way call for cops to be immune or for them to have a free lunch when it comes to searches performed. Indeed they should be held accountable for the actions they take.

Cops have a job to do and it is silly to say hunches cannot play any role whatsoever. That is a hamstringing effort to stop them from succeeding in the task they are there to perform.


35 posted on 05/31/2006 9:46:08 AM PDT by BlueStateDepression
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To: 54-46 Was My Number
A cop can stop and search anyone he or she wants to based on reasonable suspicion, that is, a reasonable belief based on specific and articulable facts, that a person is about to commit, is committing, or has committed a crime. Call it a hunch that you could explain to a reasonable person, if you will.

May be just semantics here, but this is more appropriately explained as 'stop and frisk.' Frisk is the least intrusive 'search' and the intent is to secure weapons to protect the officer's safety - it is not intended to arbitrarily seek evidence of a crime. It generally does not involve going into pockets or carried items that can be isolated from the person being stopped. Generically, this is a 'pat down' because that's basically all that is supposed to happen... those places where a weapon could be concealed are patted and if something the could be a weapon is felt - that particular spot is further investigated.

37 posted on 05/31/2006 9:50:58 AM PDT by Army MP Retired (There Will Be Many False Prophets)
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